Ontario Review Board
Re: Trevor J. Maw
ORB File No: 8246
Hearing held on: Tuesday, July 8, 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. A. Park Dr. J. Cheston Mr. D. Sandor Mr. J. Cyr
Parties Appearing:
Accused: Trevor J. Maw Counsel: Mr. R. McFadden
The person in charge of hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated September 10, 2025)
Introduction
[1]. On March 3, 2023, the accused Trevor Maw was found not criminally responsible on charges of criminal harassment, harassing communications, assault causing bodily harm and fail to comply with an undertaking, all contrary to the Criminal Code of Canada. By reason of a Disposition of the Ontario Review Board (ORB), dated July 5, 2024, Mr. Maw was ordered to be detained at the Southwest Centre for Forensic Mental Health Care, St. Joseph's Health Care London, with privileges up to and including residing in the community of Southwestern Ontario in accommodation approved by the person in charge.
[2]. On July 8, 2025, the ORB convened a hearing at the hospital for the purpose of the annual review of Mr. Maw’s Disposition pursuant to s. 672.81(1) of the Criminal Code. Mr. Maw was in attendance at the hearing and represented by counsel, Mr. McFadden. Ms. Zamprogna appeared as counsel for the hospital and Mr. Rows as counsel for the Attorney General of Ontario.
Index Offence
[3]. The details of the index offence are set out in last year’s Reasons for Disposition as follows:
"264(2)(b) CCC - Criminal Harassment - Repeatedly Communicate
Trevor MAW is a 39-year-old man. He currently resides in the Town of Petrolia.
Ava DONER is a 25-year-old woman. She resides several hours from the Town of Petrolia. In August of 2017, Trevor MAW contacted Ava DONER via social media website Facebook Messenger advising he was attracted to her and requested to go on a date. Ava DONER did not respond to the message at this time. Ava DONER advised that Mr. MAW continued to contact her and appeared to know a lot about her and kept attempting to relate to her on any level.
Trevor MAW contacted Ava DONER's family members in an attempt to have her communicate with him. Trevor MAW was told by Ava DONER's family members to cease all communication. After being advised to stop communication, the frequency diminished. Ava DONER advised it was periodic, so she tried to ignore it, even though she was bothered by it.
In March 2020, Ava DONER advised Barrie Police Service of the messages she had been receiving due to Trevor MAW being able to obtain her cell phone number. At that time, Ava DONER contacted Trevor MAW and stated "Trevor, your messages are harassing in nature. I have let the police know and if you don't stop you will be arrested." Trevor MAW stated "I respect that" yet continued to message. In April 2020, Lambton OPP attended his residence and advised him to stop any further communication, in which he did.
Approximately three weeks prior to contacting the police, Trevor MAW contacted Ava DONER's father asking if Ava had attended his residence. After speaking with Ava DONER's father, Trevor MAW started emailing her.
Ava DONER attended the Barrie Police Service and reported the repeated communication for a second time. At this time, she once again wished that Trevor MAW be warned and advised to cease communication.
This was an unfolding event which has culminated in this incident. Trevor MAW has demonstrated an obsession with Ava DONER. The two parties have never met in person and Ava DONER has never responded to any advancements from Trevor MAW. This communication has been on-going since August 2017. Trevor MAW appears to have obtained personal information of Ava DONER has been able to contact her via Facebook Messenger, text message, and email.
Ava DONER has become frightened of Trevor MAW as his knowledge of her personal life is concerning. He has been able to obtain her cell phone number and email and continues to attempt to communicate with her.
As per several messages, it appears Trevor MAW has an obsession with Ava DONER and believes that they are in a relationship. Ava DONER has requested Trevor MAW to stop all communication, in which he will not stop.
Ava DONER has become fearful for her safety. She ensures when she is at her residence on the family farm, she brings her cell phone with her at all times in case he shows up. She advised she continues to be aware of her surroundings and finds herself looking out her window to see if he has shown up at her residence.
Ava DONER is under the belief that Trevor MAW has hacked into her cell phone, which has allowed him to know everything about her. She advised a lot of the information that he is aware of, is not documented on any social media website. He has attempted to befriend some of her co-workers to gain access to her information.
CC 267(b)- Adult Assault Causing Bodily Harm
On February 5th, 2022, Police were dispatched to a report of an assault that took place outside of 411 Wingfield Street in the Town of Petrolia. The victim of the assault Andrew JENNISKENS reported the assault after returning from the Hospital in Petrolia. The doctor at Petrolia Hospital advised Andrew that he has suffered from a mild concussion.
Police attended Andrew's residence at approximately 11:01 hrs. Andrew met Police outside of the residence and advised that he neglected to contact Police at the time of the offence because he wanted to make sure that there were no serious injuries. After being medically cleared from the Hospital, Andrew returned home and contacted Police. Andrew described the incident to Police while standing in the area that the incident took place.
Andrew stated that he had seen the accused prior to the incident taking place up town in Petrolia. The accused honked his horn, but Andrew did not think anything of it. Andrew proceeded towards his residence but just prior to his arrival, the same black truck pulled up in front of the North Driveway to his apartment building. Andrew had heard someone call his name and since he was walking away from that area with his back turned, Andrew turned to face that direction. As he turned around there was a male that had already exited the truck and was walking towards Andrew. Andrew described this male to be Trevor MAW (DOB 1981/12/26). Andrew stated that Maw punched him in the left side of the head and then proceeded to continue to punch and kick Andrew. As soon as Andrew was hit with the first punch, he made every attempt to block his head and minimize the damage being caused. Andrew believed that Trevor was able to get in about 5 or 6 strikes. Once that was over Trevor returned to his truck and drove away.
When Andrew knew that Trevor was gone, he was able to find his glasses on the ground beside him and get himself to his feet. Andrew went up to his apartment feeling dizzy and confused as to what had just taken place, then made the decision to walk to the Petrolia Hospital which is located just down the street from his residence. Doctors did several scan's and cleaned up the blood that had come from a cut on his left ear. Doctors came to the conclusion that Andrew had suffered a mild concussion along with some bruises to his cheek, jaw, and forehead. Once Andrew was medically cleared by the Hospital staff, Andrew returned home and phone Police to report the assault. Police attended and spoke with Andrew. At the time Andrew did not want to proceed with charges.
A few days later Andrew had a change of heart about proceeding with charges because when Andrew was out in public after the incident had taken place, he felt like he was always looking over his shoulder awaiting another attack. For his own safety Andrew believed that charging Trevor Maw with Assault would help make himself feel safe to be alone in public.
An Audio/Video Statement was taken from Andrew JENNISKENS on Wednesday February 16th, 2022.
On Monday March the 7th, 2022, Lambton County OPP contacted the accused and requested MAW to attend the Petrolia Detachment. MAW requested information about the incident and Police informed him that there was an ongoing investigation that was taking place and MAW knew what it was in regard to when Police told him the date of the occurrence.
MAW was arrested and released on a Form 10.
CC 145(4)(a)- Failure to Comply with Undertaking
Between May 20, 2022, and May 30, 2022, the accused, Trevor Maw, did commit the offence of failure to comply with undertaking. On July 21, 2021, the accuse signed an undertaking with Lambton OPP. Conditions included “You must not communicate, directly or indirectly, with Ava Doner. On May 20, 2022, the accused sent four private Facebook messages directly to Doner. On May 30, 2022, the accused sent another four private Facebook messages to Doner. The victim confirmed the identity of the Facebook account with the profile photo and other photos of the accused Facebook profile.
CC372(3)- Harassing Communications
Between May 20, 2022, and May 30, 2022, the accused, Trevor Maw, did commit the offence of harassing communications. The accused has demonstrated an obsession with the victim. The parties have never met in person and donor has only responded once requesting that more stop all communication. The accused was warned on numerous occasions and charged with harassing communications for messaging donor via Facebook messenger on July 21, 2021. Between May 20, and May 30, 2022, the accused sent a total of eight private Facebook messages. The victim was fearful for her safety and concerned with the messages as they include did private information that was not made available to the public. The actions of more appear to be escalating in the messages, becoming more disturbing.
Due to the fact that the accused is from a different jurisdiction, and attempts made to contact Maw via telephone. On June 1, 2022, at 06:35 hrs, police called Maw’s cell phone with no answer and no option to leave a message. Based on the safety concerns of the victim, a warrant is being sought to arrest the accused and hold him for a bail hearing."
Current Diagnosis
[4]. Schizoaffective Disorder, Bipolar Type
Criminal Record
[5]. Mr. Maw did not have a criminal record prior to the index offences.
Background and Personal History
[6]. Mr. Maw’s personal history, mental health and legal history are set out in detail in the hospital report and so will not be repeated here. Briefly stated, he is presently 42 years of age. He is currently detained in hospital. Prior to his NCR finding, he was residing in a trailer on his parents’ dairy farm in Petrolia. He has worked extensively in farming. Mr. Maw has reported to have begun drinking alcohol at age 13 and continuing to do so until age 19 which impacted his education and relationships. He completed a grade 12 education. Mr. Maw began using cannabis at age 18 but reports his last use was in 2022. He had also experimented with psilocybin on several occasions.
[7]. Mr. Maw was married but is now divorced. There are three children of his marriage with whom he maintains regular contact. Mr. Maw has a history of mental illness in his family. Mr. Maw’s brother committed suicide in April 2021. His father, paternal great grandmother, and maternal grandmother all apparently experienced difficulties with mental health. Mr. Maw first began to experience mental health issues at the age of 13. He has had a number of admissions commencing in 2012, which are set out in the Hospital Report. He has a history of noncompliance with medication. It was noted that Mr. Maw relapsed quickly when he stopped taking medication. Following his initial hearing, Mr. Maw continued to reside in the community. He continued to experience recurrent intrusive thoughts and paranoia and self-admitted to Bluewater Health on two occasions. On August 31, 2023, Mr. Maw requested voluntary admission to the Southwest Centre due to his ongoing struggles with paranoia, low mood, ideas of reference and increased anxiety. After leaving the hospital on a LOA on September 29, 2023, Mr. Maw continued to have extreme anxiety and obsessive thoughts. He expressed a desire to contact the victim of the criminal harassment charges and indicated he was going to stop his medication. As a result he was returned to the hospital. Mr. Maw remained in hospital until October 24, 2024 when he was placed on a LOA from the hospital.
Position of the Parties
[8]. At the outset of the hearing, Ms. Zamprogna submitted that Mr. Maw remains a significant threat to the safety of the community and that the necessary and appropriate Disposition was a Conditional Discharge. Mr. Rows supported the recommendation of the hospital as did Mr. McFadden.
Evidence
[9]. The evidence at the hearing was presented by Dr. Mokhber. She is Mr. Maw’s treating psychiatrist and the co-author of the Hospital Report which was filed as an exhibit. Dr. Mokhber stated that Mr. Maw’s diagnosis is that of a schizoaffective disorder. She testified that he is currently symptom free of this illness. He is not demonstrating any psychosis, has a stable mood and is not suffering from depression or experiencing manic episodes. Dr. Mokhber stated that Mr. Maw suffers from chronic anxiety and this is the main stressor affecting his mental health. She testified that in her opinion Mr. Maw does not suffer from a personality disorder. Dr. Mokhber said that Mr. Maw has had a mood disorder from an early age. She stated that in reviewing his history the index offences occurred because of his schizoaffective disorder. He was off his medication at the time the offences occurred.
[10]. Mr. Maw is now being treated for a major anxiety disorder. Dr. Mokhber stated that Mr. Maw completed a number of different programs at the hospital in preparation for his transfer to the community last fall. He has completed a course in Cognitive Behavioural Therapy (CBT). He still experiences some anxiety but is working with a social worker to develop skills to deal with his symptoms. If Mr. Maw were to receive a Conditional Discharge then he would still be able to continue with the same social worker. Dr. Mokhber said that Mr. Maw’s medications are optimized at this time, and he has responded well. He was initially reluctant to take the medication because of side effects. He has since decided that the benefit of the medications outweighs the potential consequences of side effects. At the present time when anxious he has a tremor in his hand but has declined any change in medication which might resolve that particular issue. He is on both Long Acting Injections(LAI), and oral medication and is 100 percent cooperative. He has demonstrated improved insight into his illness and his need for medications. Dr. Mokhber said that Mr. Maw is presently living and working on the farm with his parents, who are both approved persons. This enables him to continue to provide financial support to his children.
[11]. Dr. Mokhber said that Mr. Maw’s parents are “close to the team.” They are aware of the symptoms of Mr. Maw’s illness, and she stated they will contact the team if necessary. Dr. Mokhber said that she is confident that Mr. Maw himself will share any changes in his mental status with the team.
[12]. Dr. Mokhber testified that in her opinion Mr. Maw’s risk can be managed under the terms of a Conditional Discharge. He has professional supports in the community including a family doctor, and a community psychiatrist if he were to receive a Conditional Discharge. Dr. Mokhber stated that Mr. Maw is not a candidate for an Absolute Discharge at this time. She testified that she has known Mr. Maw for some time, and he is a “different man” from when she first began treating him. Dr. Mokhber said that she is still the prescribing doctor for Mr. Maw but in the event of a Disposition of a Conditional Discharge then she will discuss passing this responsibility to Mr. Maw’s community doctor. Dr. Mokhber stated that the Mental Health Act (MHA), was sufficient to manage Mr. Maw’s risk to the safety of the public.
[13]. In response to a question from Mr. Rows, Dr. Mokhber stated that she does not have any concern about the possibility of Mr. Maw contacting the victim of the criminal harassment index offences.
[14]. Mr. McFadden did not have any questions for Dr. Mokhber.
[15]. In response to questions from the panel, Dr. Mokhber stated that Mr. Maw’s last symptoms were seen more than a year ago. She stated that Mr. Maw’s parents are familiar with the MHA and with the use of a Form 2 for readmission to hospital. Dr. Mokhber stated that in her opinion, Mr. Maw’s condition had been successfully treated. All his problems in the past had occurred during episodes of his major mental illness. Mr. Maw has undertaken very intensive psychotherapy and has insight into his behaviour. His problems in the past included low self-esteem which he attempted to treat by himself. He is “wiser now” with better insight. Mr. Maw is very regretful and remorseful about the harm caused by his index offences. Dr. Mokhber stated that the community psychiatrist proposed for Mr. Maw has agreed to take him on as a patient only if he receives a Conditional Discharge. She stated that Mr. Maw’s parents and children are good support for him in the community.
[16]. Neither Mr. Rows nor Mr. McFadden called evidence at the hearing.
Submissions
[17]. Prior to the commencement of submissions, Mr. McFadden stated that his client would agree to a treatment clause under s. 672.55 of the Criminal Code. Ms. Zamprogna reiterated the submission made at the outset that the necessary and appropriate and least restrictive Disposition at this time was a Conditional Discharge with terms set out in the Hospital Report. Both Mr. Rows and Mr. McFadden supported the position of the hospital.
Analysis and Disposition
[18]. During the course of her evidence, Dr. Mokhber adopted the risk analysis set out in detail in the Hospital Report. Overall, if Mr. Maw were to be managed on a Conditional Discharge over the next reporting period his risk would be low. If he were granted an Absolute Discharge, his risk would be increased to moderate to high. Mr. Maw was returned to reside in the community in the fall of 2024. This was after a lengthy period of readmission to the hospital to treat his anxiety and optimize his antipsychotic medications. With the support of the treatment team during this admission, Mr. Maw made significant improvement in both insight and compliance with medication.
[19]. Since returning to reside in the community he has lived with his parents and continued to work on the farm. At the present time, he has an extensive social network of his parents, children, and friends with whom he connects. These people provide prosocial support and are important to his wellness. Mr. Maw has a community doctor and will, if granted a Conditional Discharge, have a community psychiatrist to support him. As demonstrated from his history, absent the kind of supports Mr. Maw currently enjoys, it is likely that he would fall away from treatment, stop taking his medication, and relapse into substance use. This would lead to a decompensation of his mental status, which would result in a re-emergence in his psychotic symptoms, similar to the time of the index offences, increasing his risk of serious violence.
[20]. The panel is unanimous in finding that Mr. Maw continues to represent a significant threat to the safety of the public. However, as outlined above, the panel accepts the joint submission of the parties that Mr. Maw can be successfully discharged to the community without compromising the safety of the public. His improved insight, medication compliance, and extensive support network are in totality, sufficient to manage his risk under the terms of the MHA if necessary. The panel is unanimous in accepting the joint submission of the parties.
DATED this 10th day of September 2025, at the City of Toronto, in the Region of Toronto.
Mr. G. Beasley Alternate Chairperson
Office of the Registrar Ontario Review Board