Re: Marlow Sirizzotti, 2026 CanLII 18239

Re: Marlow Sirizzotti

ORB File No: 7006

Hearing held on: Friday, January 23, 2026

Place of hearing: Centre for Addiction and Mental Health

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. G.A. Chaimowitz Dr. L. Leong Hon. B. Durno Mr. S. Doherty

Parties Appearing:

Accused: Marlow Sirizzotti Counsel: Ms. S. Feldman

The person in charge of hospital: Counsel: Ms. M. Warner

Attorney General of Ontario: Counsel: Ms. K. Kirec

REASONS FOR DISPOSITION

(Dated March 2, 2026)

Introduction

1On August 19, 2016, Marlow Sirizzotti was found not criminally responsible on account of mental disorder on charges of possession of property obtained by crime over $5,000 (stolen car), failing to comply with a probation (condition that he not be in possession of any weapon), and possession of property obtained by crime under $5,000 (cell phone found in the stolen vehicle). Mr. Sirizzotti is currently subject to a Disposition of the Ontario Review Board dated March 12, 2025, which directed that Mr. Sirizzotti be detained “at the Forensic Service of the Center for Addiction and Mental Health Toronto” with a number of prohibitions and privileges, including the privilege of living in the community in accommodation approved by the person in charge.

2On Friday, January 23rd, 2026, the Ontario Review Board convened a hearing at CAMH and conducted the annual review of Mr. Sirizzotti’s Disposition.

Position of the Parties

3At the outset of the hearing the parties were canvassed as to their recommendation to the Board. Ms. Warner appeared for CAMH. She advised of the hospital position that Mr. Sirizzotti remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate Disposition is a detention order to the Forensic Program at CAMH. Ms. Warner, in response to a question from the Alternate Chair, indicated that if the Board chose to specify, the hospital would then be recommending that Mr. Sirizzotti be detained on a Secure Forensic Unit with discretion given to the person in charge to direct Mr. Sirizzotti to be transferred to a General Forensic Unit should the person in charge determine that Mr. Sirizzotti’s improved conduct justifies such a transfer.

4Ms. Kirec appeared for the Attorney General. She anticipated supporting the hospital’s position.

5Ms. Feldman appeared for Mr. Sirizzotti. She indicated her understanding that generally her client does not dispute the hospital position. Ms. Feldman indicated that she might request an opportunity to have a private meeting with her client before final submissions. As will appear, Ms. Feldman was given the opportunity to speak to her client, and her client indicated there was no need for a private meeting.

Index Offence

6The index offences and are described as follows in the Hospital Report.

"According to the Arrest Report dated March 22, 2016:

On the 22nd day of March 2016 at approximately 08:19 hours, police received the report of a suspicious vehicle parked in the area of 7510 County Road 27, Essa Township. Police attended and located a black Audi AQ7 bearing Ontario marker of BTCB669. Further investigation found that the vehicle had been reported to Toronto Police, incident #2016466610.D32, as stolen on the 18th day of March 2016.

Police found the vehicle to be running and a single male occupant located in the back seat. Male party was removed by police and placed under arrest for possession of stolen property. Male party verbally identified himself as Marlow SIRIZZOTTI, with a date of birth of 1994/11/28. Male party was searched subsequent to arrest and police located approximately 8 grams of marihuana that he attempted to dispose of during the search, at his feet, where there was nothing on the ground upon initial approach. Male party was placed in the rear of the police cruiser.

A cursory search of the vehicle to confirm no further passengers, located a replica handgun found to be a BB gun Colt Defender, serial number of 12H21057, caliber is .177 or 4.5 millimetre, located on the centre console of the front seat in full access of the single passenger.

At 08:51, Sirizzotti was read Rights to Counsel, to which he stated he understood and did not want to speak to a lawyer. He was subsequently read the Caution, stating; no he did not want to provide a statement.

The male party was transported to Nottawasaga Detachment, where he was lodged and held for bail.

Information was found that he was currently on a Peace Bond, that he entered into on the 22nd day of January 2016, with the condition not to possess any weapons as defined by the Criminal Code of Canada, in front of Justice R. SHANDLER.

Subsequently, male party was out on two Probation Orders. One that he entered into on the 22nd day of January, 2016, with the condition #11; not to possess any weapons as defined by the Criminal Code of Canada, for example; a BB gun, pellet gun, firearm, imitation firearm, crossbow, prohibited or restricted weapon or device, ammunition, or explosive substance or anything designed to be used or intended for use to cause death or injury to threaten or intimidate any people.

SIRIZZOTTI was held for bail on the 23rd of March 2016.”

Evidence at Hearing

7The Board admitted into evidence the hospital report dated January 2, 2026. The hospital report provides a great deal of information concerning Mr. Sirizzetti’s personal history, his mental health history, details of seven AWOLs from hospital, details of prior criminal convictions, and Mr. Sirizzetti’s course in hospitals and in the community, and back in hospital, subsequent to the date of the original NCR finding. 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:

• Schizophrenia;

• Substance use Disorder (Cannabis and methamphetamine);

• Rule out Antisocial Personality Disorder.

8In addition to the documentary evidence, the Board heard from Dr. Arnold. Dr. Arnold is a fellow working under the guidance of Dr. Kravtsenyuk. Dr. Arnold followed Mr. Sirizzotti from July 1, 2025, to December 31, 2025. He advised that Mr. Sirizzotti is currently detained in a Secure Forensic Unit. Mr. Sirizzotti has significant support from his mother, who is also his Substitute Decision Maker. Dr. Arnold noted that Mr. Sirizzotti has frequently gone AWOL. It would appear that on his last AWOL, he was in the process of attempting to break into an automobile when the police found him.

9Mr. Sirizzotti at the present time is being detained in a Secure Forensic Unit.

10A significant issue arises from the hospital’s desire to treat Mr. Sirizzotti with clozapine or alternatively, to treat Mr. Sirizzotti with a course of ECT treatments. The matter has been discussed with the SDM, and she is adamantly opposed to either treatment with clozapine or ECT treatment. Mr. Sirizzotti also is adamantly opposed. Mr. Sirizzotti did have a prior trial with clozapine. Mr. Sirizzotti believes that the clozapine not only did not assist him but made his symptoms worse. Mr. Sirizzotti also reported unwanted side effects from clozapine, and he remains adamantly opposed to trying clozapine once again.

11Dr. Arnold noted that this patient is currently receiving Level 1 passes. Level 1 passes permit the patient to go on hospital grounds escorted by a staff member. Dr. Arnold noted Mr. Sirizzotti’s wish to advance to Level 3 passes. The doctor noted that if he received Level 3 passes, that would permit his mother to accompany him once she became an approved person. The Board was surprised to learn that the mother had previously become an approved person when Mr. Sirizzotti was being detained on a different unit. Dr. Arnold explained that the mother would have to become an approved person again, and meet the criteria set out by the Secure Forensic Unit.

12I repeat that the hope is that the mother will once again become an approved person, and thereafter Mr. Sirizzotti would be able to achieve Level 3 passes, i.e., passes with his mother as an approved person.

13In response to questions from Ms. Feldman, we were advised that currently with Level 1 passes, this generally amounts to three passes per week, each being for 30 minutes.

14In response to questions from a panel member, Dr. Arnold acknowledged that within this past year Mr. Sirizzotti engaged in assaults on two separate co-patients.

15No other evidence was heard at this hearing.

Final Submissions

16Ms. Feldman spoke with her client and confirmed that she was not calling evidence, and confirmed that she would not be opposing the hospital’s recommendation.

17Ms. Warner did not see the need to make submissions. Ms. Warner had acknowledged that if the Board were to specify the security levels, namely detain in Secure Forensic but with discretion to transfer to General Forensic she would not be opposed to such a Disposition.

18Ms. Kirec also was in agreement with the proposed Disposition.

Findings of the Board

19The Board accepts the evidence of Dr. Arnold and the evidence contained in the hospital report. In particular, we accept the evidence that Mr. Sirizzotti remains a significant threat to public safety. This issue was appropriately not disputed at this hearing.

20The panel also accepts that the necessary and appropriate Disposition is for Mr. Sirizzotti to be subject to a Detention Order at the Secure Forensic Unit and with discretion give to the person in charge to transfer Mr. Sirizzotti to a General Forensic Unit should the person in charge conclude that Mr. Sirizzotti’s improved conduct justifies such a transfer.

21There was one other issue of concern to this panel. We are concerned with the evidence that Mr. Sirizzotti’s mother must again go through the process of becoming an approved person because of the apparent requirements either of the unit in which he is currently being detained, or because of CAMH policy. We, of course, cannot and do not make any order in this regard but would hope that CAMH management would consider the need for Mr. Sirizzotti’s mother to go through all of the requirements to become an approved person once again.

22In reaching our Disposition, we have taken into consideration public safety, Mr. Sirizzotti’s mental condition and his other needs, and Mr. Sirizzotti’s integration into society.