Ontario Review Board
Re: Matthew Curran
ORB File No: 8122
Hearing held on: Thursday, March 27, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care (Via Zoom Video Conference)
Pursuant to: Section 672.81(2.1) of the Criminal Code
Before: Alternate Chairperson: Mr. J. Goldenberg Members: Dr. R. Kunjukrishnan Dr. H. Moulden Mr. D. D’Intino Ms. B. Little
Parties Appearing: Accused: Matthew Curran Counsel: Mr. F. Retar
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Ms. K. Dalrymple
REASONS FOR DECISION
(Dated April 17, 2025)
On July 25, 2022, Matthew Curran was found not criminally responsible on account of mental disorder, on charges of uttering a threat to cause death or bodily harm (x2), use firearm while committing an indictable offence, possession of prohibited or restricted firearm with ammunition and assault with a weapon (x3).
Mr. Curran is currently subject to a Disposition of the Ontario Review Board dated October 7, 2024, detaining him at the Southwest Centre for Forensic Mental Health Care with privileges up to living in the community in approved accommodation.
The Board understands that Mr. Curran had been discharged to live with his parents in Chatham, Ontario. By letter dated January 29, 2025, the representative of Southwest Centre for Forensic Mental Health Care (“Southwest”) notified the Ontario Review Board that Mr. Curran had been returned to hospital on January 13, 2025.
As a result of the letter from Southwest, the Ontario Review Board convened a hearing on Thursday, March 27, 2025 and conducted a Restriction of Liberty hearing.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Ms. Zamprogna appeared for Southwest. She advised of the hospital position that the decision to return Mr. Curran to hospital on January 13, 2025 was warranted and his ongoing stay in hospital and subsequently on a leave of absence and finally his discharge on March 13, 2025 was the least onerous and least restrictive decision available to the hospital.
Ms. Dalrymple appeared for the Crown. She agreed with the hospital position.
Mr. Curran was represented by Mr. Retar. At the outset of the hearing the Alternate Chair noted that Mr. Matthew Curran was not in attendance. Mr. Retar advised everyone that his client was participating in a program in Chatham. Mr. Retar explained that his client was participating in a CPR program which was a requirement for anyone wishing to work for a company providing security services. Mr. Matthew Curran was aware of his right to attend and had fully instructed Mr. Retar as to the issues in this hearing. We also note that this hearing was done virtually and that Mr. Matthew Curran’s parents were observers at this hearing. Accordingly, the Board exercised its discretion under s. 672.5(10)(a). and permitted Mr. Curran to be absent from this hearing.
Evidence at Hearing:
- The Board admitted into evidence a copy of the Southwest letter of January 29, 2025 and a Restriction of Liberty Report dated March 18, 2025. We note the following that is contained both in the January 29 letter and in the Restriction of Liberty Report.
“On January 13, 2025, the Southwest Centre was contacted by Chatham police, as well as by Mr. Curran and his family, who reported that police were looking to speak with Mr. Curran related to a motor vehicle accident which occurred on December 26, 2024. It was alleged that Mr. Curran was driving his car in Chatham, when he lost control of the car and damaged three other vehicles and fled the scene. This incident was recorded on camera, which resulted in Chatham police identifying Mr. Curran’s car and him as the alleged driver. When police identified Mr. Curran and contacted his parents at the home, Mr. Curran disclosed the events of the incident (he previously reported that his vehicle was hit in a Walmart parking lot) to his parents and the forensic team.
Mr. Curran reported feeling sad and hopeless and appeared to be experiencing suicidal ideation. He was driven to the Southwest Centre by his parents and he and his family met with members of his treatment team for an assessment. During this meeting, he disclosed that he had consumed alcohol, was experiencing symptoms of anxiety and depression, and was experiencing several previously undisclosed stressors in his life. It was noted that while he had voiced some of these concerns to his family, while withholding others, the treatment team was unaware of a number of items as neither he nor his family had disclosed the information to the team.”
In addition to the documentary evidence, the Board heard from Dr. Arun Prakash. Dr. Prakash has been following Matthew Curran since August 2024. Dr. Prakash had lengthy meetings with Matthew and with his parents. Dr. Prakash learned that Matthew Curran had been experiencing mood changes for approximately two weeks before the triggering incident. It appears Matthew was having some issues in his relationship with his girlfriend. The doctor understands that Matthew was attempting to assist his girlfriend regarding her use of opioids.
In hospital Matthew agreed to a change from receiving his injectable medication once every four weeks to once every three weeks.
Dr. Prakash advised that he has had lengthy discussions with Matthew and Matthew’s parents. The doctor accepts that the parents are doing everything possible to help their son.
Dr. Prakash advised that Matthew’s parents have agreed to provide further communication to the hospital.
The doctor advised that the CPR course that Matthew is attending today is a prerequisite for the security course that he is either taking or intends to take.
The doctor also confirmed that while in hospital from January 13 until February 18, Mr. Curran was granted various passes, and all of the passes were carried out without any problems or difficulties.
In response to a question from Ms. Zamprogna, Dr. Prakash advised that it took about seven to 10 days in hospital before Matthew returned to his baseline.
Ms. Dalrymple had no questions for the doctor.
Mr. Retar was kind enough, in response to a question from the Alternate Chair, to advise that the events surrounding damages to one or more cars resulted in certain charges laid under the Provincial legislation. Mr. Retar advised of his understanding that Matthew pleaded guilty to a charge of failure to make a safe lane change.
Ms. Dalrymple was also kind enough to advise that the original charges that were laid were one of careless driving, one of fail to remain at an accident and one of fail to report. Ms. Dalrymple confirmed, however, that those charges were withdrawn after Matthew pled guilty to the one charge referred to by Mr. Retar.
No other evidence was heard at this hearing.
Findings of the Board:
At the conclusion of the evidence, the parties were again canvassed. All parties agreed that the current Disposition remains appropriate, and no party was seeking any change to the current Disposition.
All parties further agreed that the decision to return Matthew to hospital was warranted and Matthew’s ongoing stay in hospital and his time under leave of absence was warranted and the ongoing stay represented the least onerous and least restrictive decision available to the hospital.
The Board accepts without reservation the evidence of Dr. Prakash. The parties’ joint recommendation is well founded. We accept that the hospital had no choice but to admit Mr. Curran to hospital. We note that Mr. Curran’s parents in fact drove him to hospital on January 13. The panel is also satisfied that there is no reason or basis on which we would issue a new Disposition.
DATED this 17th day of April 2025, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board