Ontario Review Board
Re: Matthew Shahmirzaian
ORB File No: 8035
Hearing held on: July 25, 2025
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. T. Mann
Members: Dr. A. Park Dr. G. Kerry Mr. D. D’Intino Ms. C. Plyley
Parties Appearing:
Accused: Matthew Shahmirzaian Counsel: Ms. S. Dubb
The person in charge of hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated September 5, 2025)
Introduction
On March 15, 2022, Matthew Shahmirzaian was found not criminally responsible on account of mental disorder (NCR) on charges of robbery with an imitation firearm, assault with an imitation weapon, forcible confinement, carry concealed weapon, fail to comply with conditions of a judicial release order, and use of an imitation firearm in the commission of an indictable offence (x2) all contrary to the Criminal Code of Canada (“Criminal Code”).
He is currently subject to a disposition of the Ontario Review Board (the Board) dated July 29, 2024 ordering his detention at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton (SJHH) with privileges up to and including residence in the community in approved accommodation.
On July 25, 2025, a panel of the Ontario Review Board (ORB) convened in person and a hearing was held at St. Joseph Healthcare Hamilton. The purpose of the hearing was to determine if Mr. Shahmirzaian represents a significant threat to the safety of the public as defined in the Criminal Code of Canada, and if so, the necessary and appropriate disposition.
For the reasons set out below, the Board unanimously finds that Mr. Shahmirzaian no longer meets the threshold for significant threat to the safety of the public and is therefore entitled to an Absolute Discharge.
Current Psychiatric Diagnoses:
Schizoaffective Disorder (Bipolar Type).
Cannabis Use Disorder (in sustained remission).
Index Offences:
- The facts giving rise to the index offences are described in last year’s Reasons for Disposition as follows:
“On Saturday, June 8, 2019 the accused attended the Walmart-Scarborough Town Centre, located at 300 Borough Drive in the City of Toronto. The accused is seen on video entering the washroom area with a quantity of clothing and then a short time later exit the bathroom with the items protruding from a bag the accused is carrying. The accused proceeds to attempt to leave the Walmart via a second floor exit when he is stopped and questioned by a store employee. After a brief exchange, the accused is on video running out the second floor exit making no attempts to pay for the merchandise he has concealed in his bag.
The accused can be seen then running around the second storey parking area before heading down a parking lot stairwell to the underground parking area. Once there, the accused approached victim who was standing by his personal car. The accused produced a handgun, pointed it at the victim’s head and said “get in or I’ll blow your brains out.” The accused then shoved the victim into the driver’s seat of the vehicle, got in the rear of the vehicle, and again told the victim to start driving or he would shoot him. The victim complied and began driving away from the Scarborough Town Centre, being given directions by the accused who again said “You’re gonna drive me wherever I want you to or I’m going to blow your brains out” and “it’s only 5-10 minutes and then you’ll never see me again and I won’t shoot you”.
Upon driving away from the Scarborough Town Centre, Toronto Police Officers observed the vehicle and initiated a vehicle stop. Upon pulling over for police, the accused fled the vehicle and a short foot pursuit ensued. The accused was caught a short distance away, arrested and provided his Charter Rights, before being brought to 43 Division to be held for a show cause hearing.
Officers located a replica handgun in a sock a short distance from where the accused was observed running away.
Officers also recovered a quantity of stolen property that was found to belong to Walmart at the Scarborough Town Centre.
The victim suffered no physical injuries but was extremely shaken from the incident..”
Without Prejudice Position of the Parties:
At the commencement of the hearing, the parties were canvassed for their initial positions.
Counsel for the Hospital took the position that Mr. Shahmirzaian no longer meets the threshold for significant threat to the safety of the public and therefore he is entitled to an Absolute Discharge.
Counsel for the Attorney General reserved their position until hearing the evidence.
Counsel for the accused joined the Hospital in its position that Mr. Shahmirzaian was entitled to an Absolute Discharge.
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. S. Prat, Mr. Shahmirzaian’s attending psychiatrist.
Dr. Prat testified that Mr. Shahmirzaian had an unremarkable year. He has been attending his outpatient meetings, having regular contact with his mother with no concerns noted and has been working on his social skills to try and meet women.
According to Dr. Prat, Mr. Shahmirzaian has not had a positive urine drug screen since 2022 and has not required a readmission to the Hospital since July 21, 2023. While his insight into his mental illness and the effect of cannabis on his mental status is suboptimal, Mr. Shahmirzaian understands the need for medication and that if he were to cease taking his medication he would need to be readmitted.
Dr. Prat testified that Mr. Shahmirzaian is fully compliant with his treatment plan, is receptive to feedback from his treatment team and family members and has begun to visualize a simpler life for himself in the future, rather than perseverating on ideas about becoming a famous singer or songwriter.
Mr. Shahmirzaian’s medications are oral and he self administers these medications without issue. Dr. Prat explained that the introduction of clozapine led to a significant reduction in his psychotic symptoms, but that Mr. Shahmirzaian still experiences some residual auditory hallucinations relating to being in the military. Dr. Prat elaborated that these messages Mr. Shahmirzaian receives are not commanding him to harm himself or others.
Dr. Prat testified that Mr. Shahmirzaian has non-forensic community supports in place, such as the Assertive Community Treatment (ACT) team and that he will be under the care of Dr. Kantor. Dr. Prat explained that the Hospital would continue to provide care until the end of August when the ACT team and Dr. Kantor would then assume Mr. Shahmirzaian’s care. The Forensic Outpatient Team (FOP) has already liaised with Mr. Shahmirzaian’s non-forensic care team in the community. Mr. Shahmirzaian is being seen by the FOP team weekly, using a mix of in-person and virtual visits.
Furthermore, Dr. Prat told the Panel that a Community Treatment Order (CTO) has been in place since July 24, 2025 with the consent of Mr. Shahmirzaian’s mother, who acts as his substitute decision maker (SDM). Dr. Prat opined that the CTO and ACT team are sufficient to manage Mr. Shahmirzaian’s risk to the community.
Dr. Prat explained that imposing a Conditional Discharge would serve no purpose because the terms and conditions would be virtually identical to those under his current Detention Order and furthermore, because a CTO would be sufficient to bring Mr. Shahmirzaian to the physician or designate for examination via a Form 47 which could result in admittance to hospital if appropriate or intervention by the treatment team to avoid further decompensation and allow him to remain in the community .
Dr. Prat testified while Mr. Shahmirzaian was receiving psychiatric care at the time of the index offences and had been on a CTO prior to the index offence, he did not believe that Mr. Shahmirzaian was being optimally treated at those times. The major changes that have led to his stability since then were the introduction of clozapine and the structure provided not only during his admissions to Hospital but also those that have been in place in the community and will continue to be going forward.
In response to questions from the Crown Attorney, Dr. Prat testified that Mr. Shahmirzaian would be “okay” in the community without the CTO, but that the non-forensic supports in place would be insufficient to manage his risk absent the CTO. Dr. Prat believes that six months should be sufficient time for Mr. Shahmirzaian and his new community team to develop a therapeutic relationship and with the CTO in place, along with the other civil supports, such that Mr. Shahmirzaian no longer meets the threshold for significant threat to the safety of the public.
Dr. Prat also reiterated that the switch from quetiapine to clozapine and the support and stability provided to Mr. Shahmirzaian by SJHH were key reasons he has been progressing through the forensic system and is now ready for an absolute discharge. These factors were absent prior to the index offences.
Dr. Prat further testified that Mr. Shahmirzaian is quite mindful of the unrealistic nature of his residual auditory hallucinations, for example, in relation to having relationships with celebrities, and further, that the residual delusions Mr. Shahmirzaian experiences do not cause him to meet the significant risk threshold.
In response to questions from the Panel, Dr. Prat testified that in addition to the non-forensic mental health supports in place for Mr. Shahmirzaian and the support he receives from his sister and mother, the treatment team would encourage Mr. Shahmirzaian to pursue some recreational programming so that he does not succumb to boredom and isolation. Dr. Prat does not believe that he would benefit from further counselling sessions, beyond what he is currently receiving from his case manager.
Dr. Prat opined that increasing Mr. Shahmirzaian’s dose of clozapine would not likely affect his delusional beliefs and may increase unwanted side effects. Furthermore, Dr. Prat stated that this is likely as good as Mr. Shahmirzaian’s insight is going to get.
Dr. Prat also explained that he did not have any concern about Mr. Shahmirzaian’s occasional and very limited alcohol consumption and furthermore, that Mr. Shahmirzaian has not expressed any interest in resuming his cannabis use.
At the conclusion of the evidence, counsel for the Hospital and Mr. Shahmirzaian maintained their initial positions, while counsel for the Attorney General opined that a Conditional Discharge was the necessary and appropriate Disposition.
Counsel for the Hospital and Mr. Shahmirzaian both submitted that in the alternative, a Conditional Discharge would be the necessary and appropriate Disposition if the Panel found that Mr. Shahmirzaian still meets the threshold of significant risk to the safety of the public.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Shahmirzaian no longer meets the threshold of significant threat to the safety of the public and therefore he is statutorily entitled to an Absolute Discharge.
A significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. Shahmirzaian continues to represent a significant threat to the safety of the public the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.
Mr. Shahmirzaian suffers from a psychotic disorder that is well treated by his current medication regime, despite some residual auditory hallucinations. Mr. Shahmirzaian’s mental status has been stable since July of 2023 and he has resided in the community with his mother without issue.
While Mr. Shahmirzaian’s insight into his mental illness is limited, he has likely reached the ceiling of what he is capable of and in spite of his limited insight, he takes his medications without issue and understands that if he does not take his medications, it will result in readmission to the Hospital. Dr. Prat does not have any concerns about potential medication non-compliance.
Mr. Shahmirzaian has a good relationship with his FOP team and his attending psychiatrist Dr. Prat and is in the process of forming a therapeutic relationship with his new non-forensic civil mental health team. He will be transitioned to a community-based psychiatrist, Dr. Kantor, in the coming weeks.
Mr. Shahmirzaian has not returned any UDS samples that were positive for illicit substances in the past reporting year, nor has he expressed any interest in resuming cannabis use to Dr. Prat or the treatment team. Dr. Prat does not have any concerns about Mr. Shahmirzaian resuming substance use if absolutely discharged.
Mr. Shahmirzaian had yet another reporting year where he has not exhibited any verbal or physical aggression or other behavioural management concerns and continues to work collaboratively with his treatment team while remaining open to feedback and suggestion.
Dr. Prat opined that with support of his family, the ACT team in place, the CTO and a community-based psychiatrist ready to take over his care, that Mr. Shahmirzaian no longer meets the threshold for significant threat to the safety of the public and is therefore entitled to an Absolute Discharge.
While counsel for the Attorney General expressed concern about Mr. Shahmirzaian’s residual delusions, lack of insight and the past insufficiency of a CTO in managing his risk in the community, Dr. Prat did not share those concerns. The uncontradicted evidence of Dr. Prat was that Mr. Shahmirzaian’s insight is unlikely to improve beyond what he currently possesses, that increasing his clozapine level will not eliminate his residual delusions and that Mr. Shahmirzaian’s situation is different now than it was in the past because of his stability on clozapine.
In consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Shahmirzaian, his reintegration into society and his other needs, the Panel agrees with the joint submission presented and finds that Mr. Shahmirzaian is entitled to an Absolute Discharge.
The Panel congratulates Mr. Shahmirzaian on his tremendous progress through the forensic mental health system and wishes he and his family the best in the future.
DATED this 5th day of September 2025, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino
Legal Member
Office of the Registrar
Ontario Review Board