Ontario Review Board
Re: Matthew Kavelman
ORB File No: 8333
Hearing held on: Thursday, September 25, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. G. Beasley Members: Dr. T. Verny Dr. R. Chandrasena Ms. K. Tomaszewski Ms. M. McKinnon
Parties Appearing:
Accused: Matthew Kavelman Counsel: Mr. W. Glover
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated November 20, 2025)
Introduction
On June 28, 2023, the accused, Matthew Kavelman, was found not criminally responsible on account of mental disorder on charges of mischief not exceeding $5000 and assault with a weapon, contrary to the Criminal Code of Canada. By reason of a Disposition of the Ontario Review Board (“ORB”), dated October 7, 2024, Mr. Kavelman was ordered to be detained at the Southwest Centre for Forensic Mental Health Care (“Southwest Centre”), St. Joseph's Health Care London. His Disposition included privileges up to residing in the community in accommodation approved by the person in charge.
On September 25, 2025, the ORB convened a hearing at the Southwest Centre for the purpose of the annual review of Mr. Kavelman’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Kavelman was in attendance and was represented by counsel, Mr. Glover. Ms. Zamprogna appeared as counsel for the hospital and Mr. Rows as counsel for the Attorney General of Ontario.
Index Offences
- The circumstances giving rise to the index offences are extracted from last year’s Board Reasons, as follows:
“#1: Mischief; Not Exceeding $5000, Sec 430 (4) CCC
The accused, Matthew Kavelman (age 18), has shown increasingly violent and unwanted behaviour towards his parents, Jessica and Neil Kavelman, and their property located at 212 Norfolk Street in the city of Stratford. The Stratford Police have been called numerous times by the accused's parents to have him removed from their residence. He has assaulted his parents and also pulled a knife on them in the past in which his parents had not wanted charges at that time. The accused has mental health issues including but not limited to psychosis and bipolar. The accused has been formed and held in hospital under the Mental Health Act on multiple occasions. The mental health issues are amplified by the accused admitted use of methamphetamine.
On August 26, 2022 (ST22-14910) the accused was removed from his parent’s residence by police after damaging the house, breaking the screen out of the entry door, and attempting to enter their residence. At the time, his parents did not want charges.
Both parties want the accused charged with the mischief charges from August 26 and September 1, 2022, as well as today's date (September 7). The accused had been told several times by his parents and police to stay away from their property, but he disregarded all instructions. The accused was advised of his three charges (Mischief Under $5000 (Aug 26), Mischief Under $5000 (Sept 1), and Mischief Over $5000 (Sept 7) and that he was being held for a bail hearing. The accused declined to speak to counsel at this time.
#2: Assault with a Weapon, Sec 267 (a) CCC
On Monday, November 21st, 2022, Stratford Police received a 911 call from the victim, Neil KAVELMAN, who reported that he was currently trapped in the bathroom basement of his residence at 212 Norfolk St., Stratford. He stated that his son, the accused, had made stabbing motions with a putty knife towards him and chased him into the bathroom. The victim also told police dispatch that the accused had attempted to burn him with a cigarette.”
Current Diagnoses
- Mr. Kavelman’s current diagnoses are taken from the Hospital Report as follows:
Schizophrenia, complicated by catatonia
Attention Deficit Hyperactivity Disorder
Substance Use Disorder (methamphetamine, alcohol, cannabis, phencyclidine), in sustained remission in a controlled environment
Rule out Autism Spectrum Disorder
Background and Personal History
Mr. Kavelman’s background and personal history are comprehensively reviewed in the Hospital Report which was filed as an exhibit at the hearing. Accordingly, there will be no extensive reference to the details in these Reasons. Information received from Mr. Kavelman’s parents and reviews of file information revealed that Mr. Kavelman enjoyed strong family support growing up. He has one younger sister born in 2005. It was reported that Mr. Kavelman and his sister got along well and were good playmates until Mr. Kavelman reached the age of 11. It was at this age that his parents began to notice some broader behavioural changes in Mr. Kavelman. His relationship with his sister continued to deteriorate until he started high school. By the time Mr. Kavelman turned 16 years of age, his family were afraid of him and his aggressive behaviour. His parents and sister began sleeping together in his sister’s room behind a locked door. Ultimately, Mr. Kavelman’s sister was sent to live with her grandparents out of fear for her safety.
After the family moved to Stratford when Mr. Kavelman was 13 years old, his unusual behaviours increased. He began using made up and nonsensical words. He began to superficially cut himself on the arms. Despite being tested as intellectually quite bright, his grades began to suffer. As a result, his parents took him to see both a psychiatrist and a psychotherapist. His parents did not describe any conduct disordered behaviour in childhood or early adolescence. By the time Mr. Kavelman turned 14, his behaviour had deteriorated more with the onset of more overt psychotic symptoms such as auditory hallucinations, paranoia, and disorganization. An assessment conducted when Mr. Kavelman was 14 years old described his presentation as consistent with an autism spectrum disorder. A second opinion when Mr. Kavelman was 16 did not find evidence of autism spectrum disorder but the psychiatrist who conducted the assessment believed that Mr. Kavelman demonstrated symptoms of anxiety. At the age of 17 he was admitted to Stratford General Hospital psychiatric unit with psychotic symptoms. Mr. Kavelman had several more admissions to hospital for psychiatric assessment under the Mental Health Act. He was consistently experiencing psychosis despite being treated with antipsychotic medication. He displayed aggressive and threatening behaviour especially towards his parents. Mr. Kavelman has a history of substance use including cannabis and crystal methamphetamine. His parents also noted a history of alcohol use which was considered excessive.
Position of the Parties
- At the outset at the hearing, Ms. Zamprogna submitted that Mr. Kavelman continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition was a continuation of the current Detention Order with slight amendments to permit a wider geographical area for passes. Mr. Rows supported the recommendations of hospital. Mr. Glover submitted that Mr. Kavelman questioned the finding that he represented a significant threat to the safety of the public. In the event that the panel made such a finding, then Mr. Kavelman supported the recommendations of the treatment team.
Evidence
The evidence on behalf of the hospital was presented by Dr. Malka. She is Mr. Kavelman’s attending psychiatrist and the co-author of the Hospital Report. Dr. Malka stated that Mr. Kavelman’s mental status has improved considerably over the past reporting year. He is more engaged in his activities of daily living and has been looking after his personal hygiene and his laundry. He has been more communicative with staff on the unit. Dr. Malka stated that Mr. Kavelman is capable of consenting to his treatment and is also capable with respect to his finances and property.
Dr. Malka attributed at least part of the improvement to the adequate treatment of Mr. Kavelman's catatonia. Prior to her commencing a course of treatment he had struggled for quite a while. Dr. Malka stated that Mr. Kavelman's last episodes were in May of 2025. He displayed both symptoms of stuporous catatonia including mutism and an inability to make decisions and also excited catatonia with repeated movements and bizarre behaviour and disorganization. Mr. Kavelman's medications are not yet optimized, and he does still display some symptoms of stuporous catatonia. Dr. Malka stated that Mr. Kavelman had a neurological consult to determine if seizures were a possible cause of his apparent catatonia. It was decided that that was not the case. Mr. Kavelman's catatonia could be caused by either his schizophrenia or by a bipolar disorder. Testing has ruled out any medical causes. Dr. Malka said that the cognitive assessment which was performed and resulted in a low average score needs to be redone because it was conducted while Mr. Kavelman was experiencing catatonia. Dr. Malka believes that Mr. Kavelman has a better cognitive ability than the results from that test.
Ms. Zamprogna asked Dr. Malka about the possible diagnosis of autism spectrum disorder. Dr. Malka stated that information about Mr. Kavelman’s childhood does not reveal any real issues and that he had significant social interaction as a child. There is no clear evidence that Mr. Kavelman has autism spectrum disorder, but it still has to be ruled out. Dr. Malka stated that there is an overlap between the symptoms of autism and the symptoms of catatonia. The treatment team are still attempting to optimize the medication to treat Mr. Kavelman’s illness. Dr. Malka said that it is important that Mr. Kavelman be in the hospital as the treatment team attempts to finalize his medication regimen. His medication must be supervised as he has not demonstrated compliance. Dr. Malka said she was not prepared to give the opinion that Mr. Kavelman has a refractory form of schizophrenia until she considers the catatonia fully treated.
Dr. Malka said that Mr. Kavelman has engaged in some DBT programs. He has not yet engaged in any concurrent disorders programs. Mr. Kavelman refused to participate in a sensory modulation program designed to help regulate emotions. Dr. Malka said that Mr. Kavelman’s long substance use disorder has been in remission since his admission to the hospital. He does not have robust insight into his substance issues and has not attended any programs in that regard.
Dr. Malka adopted the risk assessment found in the Hospital Report. She agreed that he presents a low to moderate risk of violence under the terms of a Detention Order and while detained in the hospital. That risk would rise to moderate to high under the terms of a Conditional Discharge. This represents no change from the risk assessment in 2024. Dr. Malka expressed the opinion that Mr. Kavelman is a significant threat to the safety of the public.
Mr. Kavelman is in receipt of Passport funding through DSO. He has made use of this to attend the SARI program, working with horses in London. He has also attended community programming through organizations such as Community Living Elgin. Although he has no history of intellectual disability, he has functional deficits. Mr. Kavelman has been exercising passes with approved persons, his parents. There not have been any overnight passes because it appears that Mr. Kavelman’s catatonia becomes worse and his symptoms increase with time spent with his parents. Dr. Malka stated that it was possible that Mr. Kavelman would be transitioned to the community if approved accommodation could be found for him. Finally, she stated that it was necessary for the treatment team to have the authority of a Detention Order to both approve Mr. Kavelman's accommodation and return him to the hospital quickly in the event of decompensation in his mental status.
In response to questions from Mr. Rows, Dr. Malka stated that Mr. Kavelman's parents have not reported any concerns during the time they have spent with him on passes in the community. There has been no expression of any thoughts of violence towards his parents. In responding to questions from Mr. Glover, Dr. Malka confirmed that Mr. Kavelman had attended a birthday party which went well. Mr. Kavelman has expressed that he does not wish to live with his parents. The treatment team would not consider this to be a suitable discharge plan. It is more likely that Mr. Kavelman will require a supervised group home. Dr. Malka stated that it was more likely that if Mr. Kavelman were to be transitioned to the community in the upcoming year it would be to a supervised group home of some kind.
In response to questions from the Board, Dr. Malka stated that Mr. Kavelman demonstrated immediate improvement in his catatonia symptoms upon the introduction of his new medication regimen. She stated that although the improvement was immediate, it is still very much an ongoing and gradual process. Mr. Kavelman has demonstrated catatonic excitement in the past but not during the time that she has been responsible for his care. Dr. Malka said that Mr. Kavelman has experienced symptoms of catatonia for a long time and that this makes it more difficult to treat. She said that catatonia associated with schizophrenia has not as good a prognosis as for example, catatonia associated with a bipolar disorder. Dr. Malka stated that she has made note of the fact that Mr. Kavelman tends to experience an exacerbation of his symptoms when he is on longer passes with his parents. When Mr. Kavelman is with his grandmother, he does not experience the same level of decompensation. Dr. Malka stated that Mr. Kavelman has limited insight into his illness and his need for treatment. It would be unlikely that he would continue with his medications were he to be unsupervised in the community. She said that “in the moment, he does not identify the increasing symptoms of his illness and would not ask for PRN medication.”
In re-examination by Mr. Glover, Dr. Malka acknowledged that Mr. Kavelman's parents have been cooperative with the hospital in their son’s treatment and have fulfilled their obligations as approved persons. Dr. Malka also confirmed that Mr. Kavelman himself is working with the treatment team and that he appears to be trusting of their relationship.
Neither Mr. Rows nor Mr. Glover called evidence at the hearing.
Submissions
At the conclusion of the evidence, Ms. Zamprogna reiterated the submission made at the outset of the hearing that Mr. Kavelman continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current Detention Order with amendments to the geographical area of his passes. Ms. Zamprogna submitted that the treatment team still need to optimize Mr. Kavelman's medication. There is still some treatment needed for his catatonia before the treatment team can adequately treat his diagnosis of schizophrenia. Mr. Kavelman has a history of substance use in the past and this would increase his risk were he to return to substance use. Ms. Zamprogna pointed out that Mr. Kavelman was under the supervision of an ACT team before his breakdown and the circumstances of the index offence.
Mr. Rows supported the submissions of Ms. Zamprogna.
In his closing submissions, Mr. Glover stated that Mr. Kavelman accepts the opinion of the hospital with respect to significant threat. On that basis, Mr. Glover supported the recommendations of the hospital with respect to the proposed Detention Order and conditions.
Analysis and Disposition
- The threshold issue for the panel to determine is whether or not Mr. Kavelman continues to represent a significant threat to the safety of the public. The “significant threat” standard is an onerous one. There must be both a likelihood of a risk materializing and the likelihood that serious harm will occur. An accused is not to be detained based on mere speculation; the Board must be satisfied as to both the existence and gravity of the risk of physical or psychological harm posed by the accused to deny them an absolute discharge. As set out in Winko (1999] 1999 CanLII 694 (SCC), 2 S.C.R. 625) the threat must be:
(1) More than speculative in nature and must be supported by the evidence;
(2) Significant in the sense of there being a real risk of physical or psychological harm to individuals in the community and in the sense that this potential harm must be serious; and
(3) The conduct creating the harm must be criminal in nature.
The Board is unanimous in accepting the submissions made by all counsel at the conclusion of the evidence that Mr. Kavelman represents a significant threat to the safety of the public. Mr. Kavelman's primary diagnosis of schizophrenia is complicated by the secondary diagnosis of catatonia. As testified to by Dr. Malka, unfortunately Mr. Kavelman’s catatonia has been untreated for a long period of time. This presents an added difficulty in treating Mr. Kavelman. Although Mr. Kavelman has demonstrated an immediate and significant response to Dr. Malka’s treatment, there is still some way to go in optimizing the medications for catatonia. Once that has been adequately treated then Dr. Malka states that the treatment team can focus on the diagnosis of schizophrenia and treating Mr. Kavelman's substance use disorder.
Although developing, Mr. Kavelman has had recent problems with insight into his mental disorder, his need for treatment and his risk for violence. He remains quite impaired by his symptoms. Dr. Malka accepted the risk assessment found in the Hospital Report that Mr. Kavelman would be a low to moderate risk under the terms of a Detention Order, but this would rise to moderate to high under the terms of a less restrictive disposition such as a Conditional Discharge. The Board accepts Dr. Malka’s opinion in this regard. Absent supervision, Mr. Kavelman would likely discontinue treatment, including his antipsychotic medication and would return to substances, further compromising his fragile mental state. This would likely result in him engaging in destructive and violent acting out behaviours, most likely directed at his parents. There would be a real risk of serious physical or psychological harm to others.
In drafting the necessary and appropriate disposition, the Board is guided by the provisions of s. 672.54 of the Criminal Code, of which the safety of the public is the paramount concern. The Board is unanimous in accepting the submissions and recommendation of the hospital as supported by both counsel that Mr. Kavelman can be safely managed under the terms of a Detention Order with the privileges as set out in the Hospital Report. This would include the possibility that Mr. Kavelman could be discharged to the community some time during the current reporting year. Based on the available evidence it is clear that any community residence should be supervised and approved by the person in charge.
DATED this 20th day of November 2025, at the City of Toronto, in the Region of Toronto.
Mr. G. Beasley Alternate Chairperson
Office of the Registrar Ontario Review Board