Re: Matthew Turner
ORB File No: 8905
Hearing held on: Monday, December 1, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. J. Mills Members: Dr. P.L. Darby Dr. G. Kerry Ms. A. La Viola Ms. D. Smith
Parties Appearing:
Accused: Matthew Turner Counsel: Mr. M. Schloss
The person in charge of hospital: Representative: Ms. M. Kraftscik
Attorney General of Ontario: Counsel: Ms. S. Curry
AMENDED REASONS FOR DECISION
(Dated January 2, 2026)
Please see underlined change to original reasons made January 5, 2026.
Introduction
On October 27, 2025, Matthew Turner1 was found unfit to stand trial on account of mental disorder on charges of fail to comply probation (x10), mischief (x2), theft under (x3), and possession of property (x2), contrary to the Criminal Code of Canada (the “Criminal Code). Ms. Turner was admitted to Brébeuf Program for Regional Forensics at Waypoint Centre for Mental Health Care on November 13, 2025, after having been found unfit to stand trial on October 28, 2025.
On December 1, 2025, a panel of the Ontario Review Board (the “Board”) convened to make a disposition pursuant to s. 672.47(1) and 672.48(1) of the Criminal Code. Ms. Turner was present for her hearing and was represented by counsel throughout the proceedings.
The issues to be determined are whether Ms. Turner is unfit to stand trial and whether she is likely permanently unfit. If likely permanently unfit, the Board must decide whether she is a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out s. 672.54 of the Criminal Code.
At the commencement of the hearing, the representative for the hospital submitted that Ms. Turner is fit to stand trial and that she should be returned to court. In the interim as a keep fit order should be issued. Counsel for the Attorney General and counsel for Ms. Turner took no position. In closing submissions, the hospital maintained their initial position. Counsel for the Attorney General and counsel for Ms. Turner agreed with the hospital’s submission.
For the reasons set out below, the Board finds that Ms. Turner is fit to stand trial and shall be returned to court. The Board further finds that a keep fit order should be made until such time as that occurs.
Evidence at the Hearing
- The Board received documentary evidence in the form of a court package, a Psychological Assessment - October 27, 2016, Admission Note - November 13, 2025, Progress Note - November 21, 2025, Progress Note - November 24, 2025, and a Risk Assessment dated November 25, 2025, marked as Exhibits 1 through 6, respectively. The Board also heard viva voce testimony from Dr. Jones, Ms. Turner's treating psychiatrist.
Outstanding Charges
The accused’s outstanding charges occurred between June 14, 2025, and July 23, 2025, and involve the theft of property from motor vehicles and failing to comply with probation orders for having debit cards in her possession and or for not keeping the peace and being of good behaviour.
Ms. Turner was born in Nassau, Bahamas and is 36 years old. Ms. Turner was approximately six months old when she and her mother returned to Canada. She has three younger half-brothers, two of whom are her biological father's children and one her mother’s biological child. Ms. Turner describes her relationship with her parents and siblings as distant. Her strongest social support has been her stepfather who has acted as her substitute decision maker for psychiatric treatment on several occasions.
Information gleaned from various reports indicates that Ms. Turner was evicted from many group homes and residences for stealing. She began using alcohol and marijuana in 2003. Ms. Turner ultimately dropped out of high school in grade 11 due to difficulties managing the symptoms of her illness. In 2007, CAS were involved with the family and Ms. Turner was subsequent told to leave the family home as her presence made it unsafe for her younger brother. Thereafter, and since that time, she began living in various shelters, group homes and on the streets, frequently moving from place-to-place. Ms. Turner’s employment history is limited. Ms. Turner has a criminal record beginning in 2014, consisting primarily of property offences and breaches of court orders.
Ms. Turner has reported a long-standing history of schizophrenia. Previous psychiatric admissions beginning when she was 14 years old, include multiple admissions to Waypoint, Ontario Shores Centre for Mental Health Sciences, the Royal Victoria Hospital and Southlake Hospital. Ms. Turner reports a history of self-harm and suicide attempts. Collateral information indicates that Ms. Turner was diagnosed with schizophrenia in 2007 and that she had been followed by the North Simcoe ACT team for many years. According to the fitness assessment report authored by Dr. Mishra, dated September 28, 2025, Ms. Turner visited the Toronto General Hospital, St. Michael’s Hospital and Toronto General East Hospital each in a few months prior to her May 26, 2025, arrest on the outstanding charges. These visits were for reasons related to substance misuse and “odd behaviour.”
Evidence and Analysis
The Supreme Court of Canada in R. v. Bharwani 2025 SCC 26 has recently held that to be fit to stand trial an accused must be able to make reality-based decisions in the conduct of their defence and intelligibly communicate these decisions to counsel or the court. This requires a reality-based understanding of the nature or object and possible consequences of the proceedings, as well as an ability to understand the available options and their consequences, and to select between those options when making decisions. The accused is not required to make decisions in their best interests, but cannot be overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder when making and communicating these decisions (para 77). The Court further stated that the key issue in most fitness hearings before the Board is whether the accused’s mental disorder prevents them from conducting a defence (para 33).
“Momentary” or “transient” symptoms that prevent an accused from making reality-based decisions will not render the accused unfit if the trial judge utilizes their inherent trial management powers to get the accused “back on track” (para 78). The Court also held that the fitness test is contextual (para 65). In Clayton (Re), 2025 ONCA 308, the Court of Appeal held that the nature of the charges and allegations is important context when applying the fitness test because, “the simpler the case is, the easier it is to understand, appreciate and talk about” (para 11).
Dr. Jones testified that on the day of her hearing, Ms. Turner displayed no sign of thought disorder or lability. She was able to communicate and indicated that although she was still hearing voices on and off, she was able to more clearly speak her thoughts. Dr. Jones testified that Ms. Turner’s answers to the “Taylor questions” were good. She understood the charges that she is facing, can articulate what they are, that she understood the pleas available to her and what those pleas mean. Dr. Jones further testified that in her opinion Ms. Turner understands the roles of the judge, the Crown Attorney and defence counsel. Ms. Turner was able to explain the meaning of an oath and the meaning of perjury, and the subsequent consequences should one be found guilty of perjury. In sum, she appeared to be on topic to all questions. There were no loose associations or mood lability throughout her answers. Dr. Jones testified that in her opinion Ms. Turner is fit to stand trial and is able to meaningfully communicate with counsel and participate in the court proceedings.
Notably, the progress notes and fitness assessments from November 13 to November 25, 2025, indicated that Ms. Turner was not fit to stand trial and that her fitness was undermined by her florid psychosis and thought disorder. Dr. Jones testified that since being appropriately medicated and abstinent from substance use, overtime Ms. Turner has now returned to fitness.
Having considered the testimony of Dr. Jones and having considered that, while the charges Ms. Turner is facing are numerous, they are not complicated and stem from four incidents that occurred during a 30-day period, the Board is in agreement that Ms. Turner is fit to stand trial. Ms. Turner has demonstrated a reality-based understanding of the nature or object and possible consequences of the proceedings, as well as an ability to understand the available options and their consequences, and to select between those options when making decisions. While Ms. Turner may not be able to describe the allegations due to her mental state at the time that the offences took place, Ms. Turner has the capacity to participate in her defence and to instruct counsel.
The parties are requesting a keep fit order. Section 672.49(1) of the Criminal Code states that, “In a disposition made pursuant to section 672.47 the Review Board or chairperson may require the accused to continue to be detained in a hospital until the court determines whether the accused is fit to stand trial, if the Review Board or chairperson has reasonable grounds to believe that the accused would become unfit to stand trial if released.”
Having regard to Ms. Turner’s background, her history of homelessness, substance use and medication noncompliance, the Board is in agreement that there are reasonable grounds to believe that if Ms. Turner was not in hospital until such time as she returns to court, she would become unfit to stand trial. Ms. Turner has recently expressed to Dr. Jones that should substances be available to her (whether in a jail setting or on the street) she would return to substance use. Dr. Jones testified that substance use would significantly destabilise Ms. Turners mental health. The Board also finds that were Ms. Turner to return to substance use, likely she would become medication-noncompliant, and this would further undermine her fitness to stand trial. Dr. Jones is also of the opinion that the milieu of the jail would undermine Ms. Turner’s mental stability and that there would be less certainty that she would receive the medication that she requires to maintain her mental health.
For these reasons, the Board finds that Ms. Turner is fit to stand trial and shall be returned to court. The Board also finds that there are reasonable grounds to suggest that Ms. Turner would become unfit to stand trial if released and a keep fit order shall be made.
DATED this 2nd day of January 2026, at the City of Toronto, in the Region of Toronto.
Ms. J. Mills Alternate Chairperson
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Office of the Registrar Ontario Review Board