Re: Gabriel Mateo
ORB File No: 8910
Hearing held on: Tuesday, February 24, 2026
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.47(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. R. Wood Hill Dr. M. Green Hon. B. Durno Mr. T. Wall
Parties Appearing:
Accused: Gabriel Mateo Counsel: Mr. F. Bernhardt
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. D. Brandes
REASONS FOR DISPOSITION
(Dated March 19, 2026)
On November 26, 2025, Gabriel Mateo was found Not Criminally Responsible on account of mental disorder (“NCR”) on Criminal Code charges of aggravated assault, assault, and threatening bodily harm. The trial judge did not hold a disposition hearing and issued a warrant of committal requiring Mr. Mateo to be detained in custody pending the holding of a hearing of the Ontario Review Board (“ORB”) and the making of a disposition by the ORB pursuant to s. 672.47(1) of the Criminal Code.
On February 24, 2026, the disposition hearing was conducted with the Board required to determine whether Mr. Mateo represented a significant risk to the safety of the public and if he did, what was the necessary and appropriate disposition order.
The exhibits at the hearing were the Warrant of Committal, the Ontario Court of Justice informations, the Agreed Statement of Facts from the trial, Mr. Mateo’s CPIC record, a CAMH NCR psychiatric report by Dr. Benassi, dated May 22, 2025, a CAMH NCR report by Dr. Benassi, dated October 17, 2025, and the Hospital Report, dated February 5, 2026.
The only witness to testify was Dr. Robertson.
The Hospital and the Attorney General submitted that Mr. Mateo represents a significant risk to the safety of the public and that he should be ordered detained at the Forensic Unit at CAMH with discretion to the person in charge to transfer Mr. Mateo to the General Forensic Unit should his improved condition justify such a transfer, with conditions including non-association terms with two victims, hospital grounds as well as community access privileges escorted, accompanied by staff or a person approved by the person in charge or indirectly supervised. Ms. Warner submitted the hospital’s plan was optimistic in including independently supervised passes this year.
On behalf of Mr. Mateo, Mr. Bernhardt, conceded his client represents a significant risk to the safety of the public. He sought “as much liberty as possible.” In final submissions, he submitted the privilege provisions should include community living because Dr. Robertson said it was “possible” but “unlikely” that including a community living clause would be motivational for Mr. Mateo. Mr. Bernhardt submitted Dr. Robertson’s evidence did not mean motivation was impossible. There would be a potential benefit.
For the following reasons, the Board unanimously finds Mr. Mateo represents a significant risk to the safety of the public. The necessary and appropriate disposition is a hybrid order, namely a Detention Order on the Secure Forensic Unit, but with discretion given to the person in charge to transfer Mr. Mateo to a General Forensic Unit should his improved condition justify such a transfer and the conditions sought by the hospital and Attorney General.
Background Information Regarding Mr. Mateo
- Gabriel Mateo is 28 years of age. His parents separated when he was born. He was raised by his mother with whom he continues to have a positive relationship. She lives in Toronto and is his Substitute Decision Maker (“SDM”) as he is incapable of consenting to treatment.
Current Psychiatric Diagnoses
- The Hospital Report notes the following diagnoses: schizoaffective disorder, bipolar type, with treatment psychosis; stimulant use disorder, cannabis use disorder, and maladaptive personality traits, with a historical diagnosis of ADHD.
Index Offences
Assault and Threatening1
In August 2023, Patricia Hunter and Mr. Mateo lived on the same floor of a residence across from each other.
On August 24, 2023, police officers went to their residence regarding an assault. When Ms. Hunter did not want to press charges, the officers cautioned Mr. Mateo and Ms. Hunter before leaving.
When the officers returned to speak to Ms. Hunter about the assault four days later, she told them that a few hours after they left on the 24th, Mr. Mateo threatened her again. After August 24, she began experiencing pain from the effects of the assault that included blows to her face and jaw. She had become increasingly afraid of Mr. Mateo. Since they lived on the same floor, she decided to press charges.
The assault was captured on surveillance video. The victim came off the elevator on the bottom floor and walked past Mr. Mateo. Without any objective evidence of provocation, he punched her twice in the face.
On November 21, 2023, Mr. Mateo was arrested and held for a bail hearing. He was granted bail on November 23, 2023.
Aggravated Assault
On May 27, 2024, Mr. Mateo and Sharlene Thompson were inpatients at CAMH in the Psychosis Recovery and Treatment Unit 6. They had been on the same unit since the lady was admitted two weeks after Mr. Mateo. She would frequently pace around the unit while talking aloud to herself.
Mr. Mateo was playing his guitar in his room when Ms. Thomspon was walking through the unit hallways in mid-afternoon and briefly stopped outside the door of Mr. Mateo’s room before continuing to walk. As she was walking away, he left his room and without provocation, punched her in the back of the head with his right hand. She fell down face-first and lost consciousness. The assault was captured on video.
Ms. Thompson was taken to hospital and treated for serious injuries, including brain bleed, facial fractures and two dislodged front teeth.
Mr. Mateo told the treatment team that he found the woman’s pacing and presence intrusive and irritating. He came to believe her behaviour was deliberate and that she was trying to brainwash him. She acted like “some apex predator.” The day before the incident he passed the woman in the hallway while she was screaming incoherently. While he did not understand her words, the experience was akin to “a spiritual molesting.”
He described Ms. Thompson’s “mischievous face.” While she said something he could not understand, he interpreted it as an attempt to disturb his concentration and interfere with his guitar practice. He felt she was in communication with him non-verbally, but he could sense her ill intentions. He likened her behaviour to a hockey breakaway. He felt “pissed off” and annoyed she disrupted his focus.
Mr. Mateo discussed the incident with Dr. Ng, who felt Mr. Mateo’s psychiatric symptoms appeared to be improving at the time of the incident. He told Dr. Ng that he tried to hold himself back for as long as he could, adding the victim was staring at him.
Later he told Dr. LeBlanc the assault was justified. Ms. Thompson was intrusive, and he couldn’t handle it anymore.
Mr. Mateo was arrested on the aggravated assault charge on July 5, 2024, and his release order on the earlier charges was vacated pursuant to s. 524 of the Criminal Code. He was released on all charges on July 12, 2024.
Legal History
- Mr. Mateo has a lengthy criminal record from August 2017 through November 2020. He has 26 convictions, with sentences ranging from suspended sentences and probation to 15 days in addition to 15 days pre-trial custody. For another incident, he received probation in addition to credit for the equivalent of 38 days. He has 5 convictions for assaults, one for assault with a weapon and one for uttering threats.
Psychiatric History
Mr. Mateo has a longstanding and well-documented psychiatric history from 2014 to his current admission. The details of his 41 hospital visits and inpatient admissions since 2014 are detailed in the Hospital Report that was filed as an exhibit. Accordingly, a summary will suffice in these reasons.
The Hospital Report notes Mr. Mateo presents “significant challenges with treatment adherence and responses, both in hospital and in the community.” These are largely attributable to his persistent lack of insight into his mental illness and the role of psychiatric treatment. On several occasions, including recently he has been found incapable of consenting to treatment.
He has been treated with electric convulsive therapy (“ECT”) to manage his violent and psychotic behaviours. He has received outpatient care at mental health programs at the Etobicoke General Hospital and CAMH. At times, he has been placed under Community Treatment Orders, with consent provided by his mother.
During periods of decompensation, his mental status has been characterized as affective lability, impulsivity, disinhibition, psychomotor agitation, delusional ideation, auditory hallucinations, and impaired judgment. The symptoms resulted in episodes of unpredictable and unprovoked aggression and violence towards others, in particular women.
In 2014, he was referred to the CAMH Outpatient Substance Abuse Program for African Canadian and Caribbean Youth Clinic. He had been arrested after entering a stranger’s home while on LSD.
A 2015 attendance at Etobicoke General Hospital followed Mr. Mateo using LSD with the onset of bizarre behaviour. Two further attendances in 2015 were linked to his non-compliance with medication.
The first indication of a possible diagnosis of schizophrenia appears to have been made in 2015 while he was at the Etobicoke General Hospital for just under a month. He showed signs of decomposition and aggression towards his mother. He had been homeless for a month.
Later, several admissions occurred when Form 47s were issued for non-compliance with treatment orders. In 2019, he was found unfit to stand trial. Later in 2019, the police brought him to Humber River Hospital when his CTO team could not locate him. A urine toxicology screen was positive for amphetamines and methamphetamines.
While on most occasions, he was taken to hospital by police or others, at least three times Mr. Mateo voluntarily went to hospitals seeking assistance.
In April 2020, police brought Mr. Mateo to CAMH after he was found vandalizing property. Appearing delusional and irritable, he brandished a knife at the police.
On March 1, 2024, Mr. Mateo was brought to CAMH under a Form 47 issued by his outpatient psychiatric team for breaching his CTO by refusing his scheduled dose of intramuscular haloperidol. The outpatient team had observed signs of psychiatric decompensation, including threatening and aggressive behaviour in the group home.
In April 2024, clozapine was re-initiated with the consent of his SDM. While he continued to endorse persistent delusional beliefs and paranoia towards the nursing staff, the clinical team noticed some behavioral improvements that were attributed to the clozapine treatment and behavioural interventions. He continued to exhibit paranoia and suspiciousness towards staff and peers despite titration of clozapine to 500 mg. per day.
Before the index aggravated assault offence, he expressed frustration with the victim for referring to him as her boyfriend and trying to touch him. The incidents elevated his blood pressure, and he had thoughts of punching her. His clozapine was increased to 550 mg daily.
Mr. Mateo was released from custody on all the index offences on July 12, 2024, but was brought to CAMH on July 31, 2024, under a Form 47 for breaching a CTO that required him to adhere to psychiatric treatment.
From August 2024 to January 2025, Mr. Mateo was involuntarily admitted to the Psychiatric Intensive Care Unit under the care of Dr. Gratzer.
In December 2025, Mr. Mateo refused to continue taking clozapine. He has been adherent to oral olanzapine that was started after he refused clozapine. After refusing to take clozapine, he reported auditory hallucinations and receiving messages from his television from someone he referred to as Thoth. He eventually agreed to a retrial of clozapine, but after a few doses, he elected to discontinue it.
In January 2025, he was transferred to the Psychosis Recovery and Treatment Unit under the care of Dr. Horowitz who wrote that Mr. Mateo was living with schizoaffective disorder, bipolar subtype, and severe amphetamine use disorder. Antisocial personality disorder was highly likely and complicated by ongoing residual psychosis. His prognosis was poor, given multiple failed attempts at community management. He remained a high risk in the community. Effective treatment options were limited, in part from his refusal to take clozapine. He may have reached a new, dysfunctional baseline requiring significant hospital-based restrictions.
Dr. Horowitz felt Mr. Mateo would rapidly deteriorate if discharged into the community. He posed a significant risk to others. The doctor noted that meaningful clinical improvement did not occur until Mr. Mateo’s clozapine intake reached 500 mg. daily.
While taking clozapine, Mr. Mateo believed his medication helped with his anxiety, restlessness, and auditory hallucinations. He also expressed a desire to apologize for the aggravated assault index offence. After he stopped clozapine, he refused to discuss that offence.
Throughout January 2026, he continued to experience prominent and distressing auditory hallucinations, delusions, and disorganised thoughts and behaviours. He experienced the male voice of a high school peer and a female voice who would ridicule and harass him throughout the day.
Mr. Mateo displayed concerning behaviour almost daily from January 10, 2026, including frequent interpersonal issues with co-patients and staff, frequently approaching other patients to insult and threaten them, leading to verbal confrontations. He made insulting or threatening comments and made sexually inappropriate remarks or gestures to co-patients and staff, at times staring at female co-patients and staff while his hands were down his pants.
He was hostile and demanding with staff, on numerous occasions invading their personal space, making inappropriate comments, following them throughout the unit.
He attended multiple sessions of the Start Now, DBT Skills and Concurrent Disorders programming, though he was often tangential, irritable or inappropriate, requiring redirection during his participation. Occasionally, he would attend arts and musical programs.
Mr. Mateo has minimal social supports. He speaks to his mother regularly by phone. He refused to discuss his relationship with his siblings.
During assessments in February 2026, he often became irritable, hostile, and demanding. He would deny symptoms despite reporting those symptoms to frontline staff. Mr. Mateo would often terminate assessments due to his irritability.
While Mr. Mateo reported he had been diagnosed with schizophrenia, he struggled to explain what schizophrenia was or how it affected him. His insight became increasingly impaired during January because of his increased symptoms burden.
The authors of the Hospital Report relied upon actuarial risk assessment tools. The following historical items were listed under the Historical Clinical Risk Management – 20 Version 3: violence, other anti-social behaviour, substance use, major mental disorder, violent attitudes and treatment or supervision response. He has no history of problems with a confirmed diagnosis of a personality disorder or traumatic experiences.
Risk items occurring within the last 6 months were insight, symptoms of a major mental disorder, instability, and treatment and supervision response. Risk management items that were present and of high relevance were personal support, treatment supervision or response and stress of coping.
The risk assessment concluded Mr. Mateo’s risk of any future violence would be medium in the context of remaining under the ORB’s auspices on a detention order. The risk estimate would be high were a conditional or absolute discharge imposed.
Were he to reoffend, it would likely be in the context of medication nonadherence, non-optimal treatment or substance use. Given the severe and treatment-refractory nature of his illness, he may decompensate spontaneously and in the context of stressors.
The Evidence at the Hearing
Dr. Brian Robertson, a Subspeciality Resident in Forensic Psychiatry, working under Dr. Amina Ali, testified at the hearing. The treatment team’s key area was working on Mr. Mateo’s medication management. While he has responded best when taking clozapine, Mr. Mateo refuses to take that medication. The team will continue to talk to him about taking clozapine. He willingly takes two antipsychotic medications.
His prognosis is guarded. He remains very irritable with frequent verbal altercations with co-patients and staff making them all very uncomfortable. Staff only approach him in pairs.
He has auditory hallucinations and delusions, continuing to hear voices including a male voice from his high school.
Mr. Mateo follows staff redirections and continues to engage in some programming.
There was a recent Code White in the yard when he carelessly swung a badminton racket. At the gym, he was too aggressive and broke a piece of equipment. The treatment team will be cautious about increasing his liberties and only do so if the risk is manageable. However, having indirect yard and community passes is possible by the end of the year.
In questioning by Mr. Bernhardt, the doctor acknowledged Mr. Mateo has been in CAMH in the civil unit since July 2024 and there have been no violent incidents since 2024. Dr. Robertson noted Mr. Mateo is in the highest security unit with the highest staff-patient ratio.
Mr. Mateo has a treatment resistant psychosis. When he was in the civil unit and taking clozapine, his hallucinations and aggressions were less frequent. He did best when taking 500 mg. daily. Dr. Robertson was hopeful the same results would occur were he to resume taking clozapine and the daily level rose to 500 mg.
While Mr. Mateo had been in community living up to 2024, Dr. Roberton did not anticipate Mr. Mateo would be ready for community living this year. The hospital was not recommending it as a condition. The problems were that he was non-compliant and receiving sub-optimal treatment. He would need suitable housing, require increased management, and avoid substance use. Further, Mr. Mateo had a history of being AWOL. There were a lot of pieces to be put in place before community living was a viable option.
The doctor agreed motivation is a factor in treatment. While it was possible a community living clause in the ORB order might motivate Mr. Mateo, it was unlikely.
Dr. Robertson stressed that it is very early in Mr. Mateo’s treatment. He said that if Mr. Mateo had a hybrid order, it was possible it would be motivational.
Is Mr. Mateo a significant risk to the safety of the public?
For the purposes of s. 672.54, a significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public – including any victim of or witness to the offence, or any person under the age of 18 years – resulting from conduct that is criminal in nature but not necessarily violent.
While in their helpful and respective submissions all parties agree that Mr. Mateo represents a risk to the safety of the public, the Board is required to make their own independent determination.
For the following reasons, the Board finds Mr. Mateo represents a risk to the safety of the public.
First, he suffers from a treatment resistant psychosis.
Second, he has little insight and has a history of noncompliance with medication.
Third, the Board unanimously accepts the opinions of the authors of the Hospital Report and the bases upon which they based their opinion that Mr. Mateo represents a significant threat to the safety of the public.
Fourth, all parties agree Mr. Mateo continues to represent a risk to the safety of the public.
Fifth, we have taken into account the serious nature of the index offences against two women.
What is the necessary and appropriate disposition?
While all parties helpfully and responsibly agree there should be a hybrid Detention Order at CAMH, the Board must make their own independent determination.
The Board unanimously finds the necessary and appropriate disposition is a Detention Order in the Secure Forensic Unit with discretion to the person in charge to transfer Mr. Mateo to the General Forensic Unit for the following reasons.
First, on this record the only viable order at this time is for detention in the secure unit. While it is a short time since his NCR finding, there continues to be challenges managing Mr. Mateo’s risk in the secure unit. His behaviour has been concerning as outlined above, notwithstanding there have been no acts of violence since 2024.
Second, regarding the hybrid order, the Board unanimously agrees that there may be a motivational factor for Mr. Mateo if the order is hybrid, permitting the person in charge to transfer him to a general forensic unit.
Third, with regards to the other privileges, the Board unanimously agrees with the terms recommended by the hospital including the optimistic inclusion of indirectly supervised access to the yard and community.
Fourth, the Board unanimously agrees that there should be a non-communication clause regarding the named victims.
Finally, the Board has carefully considered the submission to include a community living clause. While we accept that such as order might possibly be motivating for Mr. Mateo, we conclude it is not an appropriate term at this time for the following reasons. First, while far from determinative, unlike Re: Simonic, 2024 ONCA 573, the hospital is not recommending a community living clause. The evidence was that it might possibly be motivating for Mr. Mateo, but Dr. Robertson doubted it.
Second, it is very early in Mr. Mateo’s treatment after the NCR finding. His history of non-compliance is troubling. Too many items must be established and put in place before any community living could be considered.
Finally, should the treatment team determine during this upcoming year that community living is a viable option, Mr. Mateo is encouraged to request an early review pursuant to s. 672.82.
Conclusion
The Board finds Mr. Mateo represents a significant threat to the safety of the public. He shall be detained in the Secure Unit at CAMH with discretion given to the person in charge to transfer Mr. Mateo to a General Forensic Unit should his improved condition justify such a transfer.
The following privileges shall apply:
The person in charge of the hospital in their discretion may permit Mr. Mateo:
i) to attend within or outside of the hospital for necessary medical, dental legal or compassionate purposes.
ii) to have hospital and grounds privileges, escorted, accompanied by staff or a person approved by the person in charge and indirectly supervised.
iii) to enter the community, escorted, accompanied by staff or person approved by the person in charge and indirectly supervised.
- The following restrictions shall apply:
i) He will refrain from having in his possession any firearm, ammunition or other offensive weapon, or being in the company of any person possessing a firearm other than a police officer.
ii) He will abstain absolutely from the non-medical use of alcohol, drugs, including cannabis or any other intoxicant.
iii) He will abstain from communicating directly or indirectly with Patricial Hunter and Sharlene Thompson.
- In reaching our conclusions, the Board has considered the provisions of s. 672.54 of the Criminal Code and carefully considered the safety of the public, the Board’s paramount consideration, Mr. Mateo’s mental health condition, his reintegration into society, and his other needs. The Board concluded the above noted disposition was the least onerous and least restrictive disposition for Mr. Mateo at this time.
DATED this 19th day of March, 2026, at the City of Toronto, in the Toronto Region.
Hon. B. Durno Legal Member
__________________
Office of the Registrar Ontario Review Board
Footnotes
- The Hospital Report briefly referred to this incident, but it is not included on the front page that only references the aggravated assault as the index offence. The facts noted are taken from the Agreed Statement of Facts that was filed at Mr. Mateo’s trial. The parties at the hearing agreed the NCR finding was on all three charges as reflected in the Warrant of Committal.