Ontario Review Board
Re: Malachi Shingabis
ORB File No: 8427 & 8308
Hearing held on: April 14, 2025
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.48(1) and 671.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. H. Bloom Dr. C. Rose Mr. J. Goldenberg Mr. A. Bouvier
Parties Appearing:
Accused: Malachi Shingabis Counsel: Mr. J. Szajewski
The Person in charge of Hospital: Representative: Ms. M. Davidson
Attorney General of Ontario: Counsel: Ms. R. Derouard
REASONS FOR DISPOSITION
(Dated May 27, 2025)
Introduction:
Malachi Shingabis was found unfit to stand trial, as a young person, on October 28, 2021, with respect to charges of criminal harassment, making sexually explicit material available to a child, and counselling suicide.
In addition, on November 8, 2023, Mr. Shingabis was found unfit to stand trial on charges of public mischief and failure to comply with a release order.
Mr. Shingabis is currently subject to a Disposition of the Ontario Review Board dated December 20, 2023, in which the Board ordered that Mr. Shingabis be discharged subject to a number of conditions. One of the conditions required Mr. Shingabis “not to access computers or any similar electronic device capable of accessing the internet except for educational and employment purposes while in the presence of a responsible adult.”
On Monday, April 14, 2025, the Ontario Review Board convened a hearing at Thunder Bay Regional Health Sciences Centre (TBRHSC) and conducted the annual review of Mr. Shingabis’ disposition.
Position of the Parties:
At the outset of the hearing, the parties were canvassed as to their recommendation to the Board.
Ms. Davidson appeared for Thunder Bay Regional Health Sciences Centre. She advised of the hospital position that Mr. Shingabis remains unfit to stand trial, and if the Board so finds, the hospital is recommending a continuation of the current Conditional Discharge without any changes.
Ms. Derouard appeared for the Attorney General. She anticipated supporting the hospital’s recommendation.
Mr. Szajewski advised that he and his client agreed with the hospital’s recommendation.
Outstanding Charges:
- The facts of the outstanding charges are set out in last year’s reasons for disposition as follows:
In the spring of 2018 Mr. Shingabis electronically messaged a 10-year-old girl, pretending to be one of her female friends. She determined it was in fact Mr. Shingabis, and the two began communicating on Instagram. On April 11, 2019, Mr. Shingabis, then a young person as defined by the Youth Criminal Justice Act, began repeatedly messaging the girl, then aged 11, telling her she is “ugly,” “go kill yourself,” “go hang yourself,” “cut yourself,” and then continued to repeat “die” multiple times. The girl received approximately 80 messages and requested several times that he stop sending her messages.
Evidence at the Hearing:
- The Board admitted into evidence a CPIC document noting prior criminal convictions. In addition, the Board admitted into evidence the Hospital Report dated April 1, 2025. The Hospital Report provides a great deal of information concerning Mr. Shingabis’ personal history, his mental health history, details of prior criminal offences, and Mr. Shingabis’ course in the community subsequent to the initial finding of unfitness. As the Hospital Report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the Hospital Report in these reasons. We do note, however, the stated diagnoses of:
intellectual disability – moderate
fetal alcohol spectrum disorder
In addition to the documentary evidence, the board heard from Dr. Sheppard. Dr. Sheppard noted that the initial finding of unfitness related to acts allegedly carried out by this patient when he was 15 years old. The second set of charges and findings referred to events that allegedly took place when the patient was 18 years old.
Dr. Sheppard’s attention was drawn to the last paragraph of the Hospital Report which states as follows:
The hospital is recommending no change to the terms of Mr. Shingebis’ current Conditional Discharge disposition. He has continued to live successfully with his family in the community. He does not suffer from a psychiatric illness and is not receiving treatment through the Forensic Outpatient Program. His circumstances in the community are however monitored regularly through his engagement with his case manager. There is no indication that Mr. Shingebis poses a risk to public safety.
Dr. Sheppard simply noted his opinion, namely that he is unable to conclude that Mr. Shingabis is a significant threat to public safety. Dr. Sheppard also stated that at this time, he is unable to conclude that Mr. Shingabis is permanently unfit, and accordingly, the hospital does support the Board recommending to the court that consideration be given by the court for a stay of these charges.
Dr. Sheppard acknowledges the difficulty that arises every time he attempts to do an assessment of Mr. Shingabis. It is clear that Mr. Shingabis has considerable anxiety dealing with Dr. Sheppard and considerable anxiety whenever the discussion turns to issues of the outstanding charges and Mr. Shingabis’ fitness to stand trial.
Dr. Sheppard states his opinion that Mr. Shingabis’ anxiety is preventing the doctor from doing a meaningful assessment. Dr. Sheppard also states that if there was a way of reducing Mr. Shingabis’ anxiety, it might be possible either to educate Mr. Shingabis to the point where he could be found fit to stand trial, or alternatively, such an assessment possibly might lead the doctor to support a finding of permanently unfit. At this time, Dr. Sheppard is unable to find this patient permanently unfit and for that reason the hospital does not support any recommendation by the Board to the court for a stay of these charges.
Dr. Sheppard would like to have Mr. Shingabis and his mother come to Thunder Bay for a period of time so that Dr. Sheppard and his team could have more opportunity either to educate Mr. Shingabis to the point where he could be found fit, or alternative, if the conclusion was permanently unfit, then the hospital would support a recommendation by the Board to the court for a stay of the charges.
Dr. Sheppard noted that his patient has the ability to use computers. Dr. Sheppard believes that Mr. Shingabis is functioning reasonably well in the community. The doctor understands that Mr. Shingabis spends considerable time with his mother. He helps his mother around the house and in other activities that his mother encourages Mr. Shingabis to undertake. The doctor also noted that Mr. Shingabis has the ability to drive a vehicle. The doctor also noted that since the events of the two outstanding charges, Mr. Shingabis has not engaged in any violent conduct.
Dr. Sheppard last attempted a fitness assessment approximately three weeks prior to this hearing. This again was done by video teleconferencing. Dr. Sheppard stated that he was simply unable to engage Mr. Shingabis. Mr. Shingabis refused to engage with the doctor on the relevant issues regarding fitness. Dr. Sheppard repeated that if he, or the team could somehow reduce Mr. Shingabis’ anxiety, the team would then be able to conduct a meaningful assessment of his fitness to stand trial.
Dr. Sheppard put it that the team does not say now that Mr. Shingabis is permanently unfit and the team would very much like to have an opportunity to see if Mr. Shingabis could become fit to stand trial. Dr. Sheppard suggested that the plan would be to have Mr. Shingabis and his mother visit Thunder Bay for a number of weeks so that the clinical team could have a number of in-person hearings.
In response to questions from Crown counsel, Dr. Sheppard noted the possibility that the band might be able to cover the cost of Mr. Shingabis and his mother visiting and staying for a number of weeks in Thunder Bay. The doctor emphasized that Mr. Shingabis’ mother would be essential for Mr. Shingabis and her to attend in Thunder Bay.
In response to questions from a panel member, Dr. Sheppard repeated that Mr. Shingabis is very uncomfortable at any fitness assessment. The discomfort arises either from anxiety or a sense of shame or both. The panel member asked the doctor whether any consideration could be given to have Mr. Shingabis receive a very modest sedative prior to any formal meeting in an attempt to reduce Mr. Shingabis’ anxiety. Dr. Sheppard had some reservations about that process.
In response to another question from a panel member, Dr. Sheppard noted that Mr. Shingabis does speak and use the English language.
The hospital did not call any further evidence.
The Crown did not call evidence.
Mr. Szajewski advised that he was not calling evidence.
The panel was aware that Mr. Shingabis’ case manager, Paul Forsyth, was present via videoconferencing. The Board did ask Mr. Forsyth about his interactions with Mr. Shingabis. Mr. Forsyth noted that most of his interactions are on a very basic level and that frequently Mr. Shingabis will not respond, or alternatively, defer any questions to his mother.
Mr. Forsyth also understands that Mr. Shingabis does a lot of work for his mother both inside her house and outside the house. His mother has attempted to engage Mr. Shingabis in community activities but with very modest or no success. Mr. Forsyth repeated that Mr. Shingabis’ mother is very involved with her son and made the comment that “he is her shadow.”
In response to a question from another member, Mr. Forsyth stated his understanding that Mr. Shingabis does drive a vehicle but does not have a driver's license.
Final Submissions
- All parties maintained their original position, namely that at the present time, Mr. Shingabis remains unfit to stand trial and at the present time the necessary and appropriate disposition is a continuation of the Conditional Discharge with the exact terms set out in last year’s disposition.
Findings of the Board
The Board accepts the evidence of Dr. Sheppard and the evidence contained in the Hospital Report. In particular, we accept that at the present time, Mr. Shingabis is unfit to stand trial. The Board further accepts that the necessary and appropriate disposition is a continuation of a Conditional Discharge. The Board is aware of our responsibility to protect the safety of the public and also aware of our responsibility to deal with Mr. Shingabis and his needs and his reintegration into society.
The Board agrees that it would be most appropriate if Mr. Shingabis and his mother were able to spend a number of weeks in Thunder Bay as that would provide the hospital with an opportunity to meet personally with Mr. Shingabis rather than relying on virtual meetings. It is of course up to the doctor and his patient to determine whether there would be any benefit in attempting to use a mild sedative in order to deal with Mr. Shingabis’ anxiety when he has any discussions with doctors or members of the clinical team.
The Board also in its deliberations considered whether future panels would benefit from having a Gladue report, if it was ordered. This panel does not feel that we can order a Gladue report given that this issue was not raised with the parties. On the other hand, we do feel it appropriate to direct that the pre-hearing conference be held approximately six months from now so that the parties at a pre-hearing conference could canvass whether next year’s panel would benefit from having Gladue report, and if so, take whatever steps are necessary to arrange for a Gladue report to be prepared and be available prior to next year’s hearing, assuming the parties agree to such.
In reaching our decision, the Board has taken into consideration the safety of the public, Mr. Shingabis’ mental condition, his other needs, and his potential reintegration into society.
DATED this 27th day of May 2025, at the City of Toronto, in the Toronto Region.
Joel Goldenberg]
Alternate Chairperson/Legal Member
Office of the Registrar
Ontario Review Board