Ontario Review Board
Re: Bachu Mathew
ORB File No. 8410
Hearing Date: March 6, 2026
Hearing Location: St. Joseph’s Healthcare Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) Criminal Code of Canada
Before:
Alternate Chairperson: Mr. K. McKenna
Members: Dr. K. Hand
Dr. T. Stirpe
Ms. M. McKinnon
Parties Appearing:
Accused: Bachu Mathew
Counsel: Mr. N. Kandel
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. C. Gzik
REASONS FOR DISPOSITION
(Dated April 13, 2026)
Introduction
Mr. Mathew was found not criminally responsible (NCR) on October 17, 2023, for the Criminal Code offences of dangerous driving cause bodily harm (x2), fail to stop for police/pursuit, dangerous driving, disarming a peace officer, fail to comply with demand.
He is currently subject to a detention order under a Disposition dated December 13, 2024, with privileges that extend to, passes to enter the community of Southern Ontario indirectly supervised.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 6, 2026, at St. Joseph’s Healthcare Hamilton, West 5th Campus (St. Joseph’s or the Hospital) to review the current Disposition pursuit to s. 672.81(1) of the Criminal Code of Canada.
Also in attendance at the hearing were his brother who resides in Texas and family of the man injured in the index offence.
At the commencement of the hearing, the Hospital recommended that a continuation of the existing detention order without changes to the terms and conditions was appropriate. Crown Counsel supported the recommendation of the Hospital.
Counsel for Mr. Mathew also supported the position of the Hospital, and further indicated that in due course he would be pursuing a transfer of Mr. Mathew to India under the International Transfer of Offenders Act.
After considering the evidence, the panel concluded that Mr. Mathew remained a significant threat to the safety of the public, and that a continuation of the current Disposition without changes to the terms and conditions was necessary and appropriate.
The Hospital and Crown Counsel both supported a transfer of Mr. Mathew to India. It was suggested that after the appropriate applications had been made to the various government authorities, an early Review Board hearing could be arranged for the Board to recommend the transfer. This panel supports the requested transfer of Mr. Mathew to India, and the suggestion of an early Board hearing at the appropriate time is a reasonable approach.
Index Offences
- The following is a synopsis of the index offences as contained in the December 13, 2024 Reasons:
“On September 3, 2022, at approximately 11:56 AM Mr. Mathew was operating his conveyance in the eastbound shoulder lane of St. Clair Avenue West approaching Yonge St. in the city of Toronto. His vehicle remained stationary for several minutes causing vehicles behind him to honk. He then slowly travelled eastbound towards the intersection. Once the light turned red, Mr. Mathew swerved into the middle lane and accelerated through the intersection and struck a pedestrian. After striking the first pedestrian, Mr. Mathew continued through the intersection striking a 2nd pedestrian. He turned his vehicle towards that pedestrian as he hit him and the pedestrian was dragged approximately 80 meters at which point, he was dislodged from the vehicle and run over by Mr. Mathews rear tires. The 2nd pedestrian suffered quite significant injuries including skull fractures, spine, rib and shoulder fractures. Mr. Mathew did not remain at the scene or render assistance.
A short time later Mr. Mathew was travelling southbound on Jarvis Street in an area under heavy construction where the roadway was narrowed to a single lane with considerable traffic. Mr. Mathew rear-ended an individual directly ahead of him operating an E bike causing him to land on the hood of Mr. Mathews vehicle and subsequently launching his body onto the roadway resulting in significant injuries. Mr. Mathew did not remain at the scene or render assistance but continued driving southbound on Jarvis Street at a high rate of speed stopping at some traffic lights but not others.
Police officers responding to calls with respect to the collisions observed Mr. Mathew’s vehicle with front end damage proceeding southbound on Jarvis Street and commenced pursuit of the vehicle. The officers stopped their vehicle right beside Mr. Mathew’s driver’s side door and directed him to pull over. However, he continued to travel southbound proceeding through a red light at which point the officers activated their emergency lights and sirens. Mr. Mathew failed to stop at a red light and the police vehicle made contact with Mr. Mathews vehicle forcing it to stop.
Mr. Mathew did not comply with verbal directions and remained inside his vehicle. While interacting with Mr. Mathew officers noted glossy and drowsy eyes. Upon searching the vehicle officers located in the empty can of beer, clothing and garbage throughout. They also noted a strong odour of alcoholic emanating from the vehicle. He was arrested for impaired operation of a vehicle and read an approved instrument demand.
While being escorted to a police vehicle for transportation purposes Mr. Mathew attempted to put his hands on an officer’s firearm in an attempt to disarm him.
During Mr. Mathew’s transport he was noted to be breathing heavily and smiling to himself in the backseat of the vehicle. During parade he failed to answer any of the questions put to him. While in the breath room, Mr. Mathew continued to remain silent although at times he appeared upset, breathing loudly, crying and making noises. At one point he began to laugh to himself. Although given several opportunities to provide a required breath sample, he continued to remain silent and refused to provide a sample."
Hospital Report dated February 24, 2026
The evidence at this hearing consisted of the Hospital Report dated February 24, 2026, and the testimony of Dr. Nagari. Ms. Shauna Mann, the daughter of Lawrence Mann who was severely injured during the index offences, presented her victim impact statement to the hearing, as well as reading her mother’s victim impact statement.
Mr. Kandel filed with the hearing the International Transfer of Offenders Act, and an opinion letter from Mr. Keith MacMillan, an immigration lawyer, regarding the process for Mr. Mathew to be transferred to India.
The Hospital Report was prepared for this hearing and contains a detailed review of Mr. Mathew’s personal and psychiatric history.
Mr. Mathew was born in India. He has an older brother who lives in Texas, and a younger sister who lives in Dubai. His mother lives in India and his father died in 2023.
Mr. Mathew attended university in India where he obtained a degree in mechanical engineering. In 2014 he moved to Mumbai and worked as an engineer in the oil, gas, construction, and sales fields. In 2016 he began experiencing paranoia which impacted his ability to work. He returned home and his symptoms worsened. There was at least one hospitalization for psychiatric care in 2019. Mr. Mathew did not accept that he was suffering from a mental disorder. He took his prescribed medication for approximately seven months then stopped.
Mr. Mathew immigrated to Canada in January 2021 on a student visa and enrolled at Conestoga College in Kitchener. Within six months of his arrival in Canada, he was hospitalized on two occasions. He was compliant with his medication initially and was able to complete his post-graduate diploma program. According to health records, he discontinued his antipsychotic medication in September 2021.
Following his graduation, Mr. Mathew was employed at various restaurants for short periods of time. His paranoia returned and he quit his work. He was evicted from his apartment for non-payment of rent, and by June 2022, was homeless and living in his car. His brother had been supporting him financially, but lost contact with Mr. Mathew after June 2022.
Mr. Mathew is a citizen of India, and following his studies at college, he remained in Canada as a temporary resident on a work permit. The work permit expired in November 2025. Mr. Mathew does not have legal status in Canada, and therefore, is not entitled to social assistance, or health and drug coverage, or employment. St. Joseph’s was able to issue a temporary health card which provides coverage for health care while Mr. Mathew is an inpatient at the hospital.
The Hospital Report indicates that Mr. Mathew had a psychiatric admission in India from November 14 to December 21, 2019. At that time, Mr. Mathew exhibited symptoms of paranoia, a belief that strangers were watching him, as well as, talking and laughing to himself, and displayed persecutory delusions. There were also episodes of aggression directed toward his father. He was followed by an outpatient psychiatrist after his hospitalization, but he discontinued his medication after approximately seven months.
Following his arrival in Canada, Mr. Mathew had two admissions to Grand River Hospital in Kitchener in the spring of 2021. On both occasions his roommates called 911 because Mr. Mathew was cutting himself with a knife, not eating or drinking, and not speaking to anyone for days. During his first admission, Mr. Mathew denied any prior hospitalization or having any symptoms. He declined to take medications or engage in short-term psychiatric follow-up. During the second admission, Mr. Mathew reported feeling stressed, hearing voices, and feeling paranoid. Although he had limited insight, he agreed to start a long-acting injectable antipsychotic medication. He was scheduled to follow-up with an out-patient psychiatrist and to receive his LAI at a clinic.
Mr. Mathew attended the clinic for a few months but eventually stopped. He did not believe he needed the LAI any longer.
Mr. Mathew then had a number of attendances at the emergency department of Grand River Hospital with depressive symptoms, insomnia, and dizziness. In May 2022, he was taken to the hospital by the police. He expressed concern that his parents were aware he was watching pornography and they were “out to get him.” He was described as nonsensical, illogical, and paranoid. He had not been taking his medication and was not interested in any mental health follow-up. The index offences occurred in September 2022.
Following the index offences, Mr. Mathew was transported from the detention centre to the Centre for Addiction and Mental Health (CAMH) on a Form 1 under the Mental Health Act. He was refusing medication, and presented as hostile and bizarre. He assaulted staff and required seclusion. He remained disorganized and delusional. He was found incapable to consent to treatment, and with the consent of the Public Guardian and Trustee, was restarted on a LAI.
Mr. Mathew was admitted to St. Joseph’s on April 24, 2023. His current diagnosis is Schizoaffective Disorder, depressive type.
Mr. Mathew’s course in hospital has been positive until August 2025. He was mentally stable and compliant with his medication. He utilized his privileges appropriately, including indirectly supervised passes into the community. He attended recreational activities and participated in the Dialectical Behavioural Therapy program. He also attended to volunteer work at the Good Shepherd Venture Centre on a weekly basis.
This past year, until August, Mr. Mathew remained mentally stable. There was no evidence of overt psychosis or mood disturbance. He engaged well with staff and co-patients and exercised his passes appropriately. Mr. Mathew had obtained full-time employment at a factory. There was no difficulty with medication compliance, and his urine drug screens had all returned negative.
In August 2025, however, there was a remarkable change in his mental status. He began staring at staff members for prolonged periods of time; his responses to questions were delayed, and he presented as irritable. He would not adhere to rules and made inappropriate comments to staff.
The changes in his mental status appeared to follow an incident at his work. He returned to the unit early on August 21, and was irritable and acting bizarrely. When staff attempted to offer support, he told them to fuck off and slammed his door. He later informed staff that a co-worker had approached him and said they knew he was a forensic patient and that they were aware of his charges. The employer was contacted by the vocational counsellor. It was apparent that the employer was not going to support Mr. Mathew so he resigned.
In addition to the stress from his employment, Mr. Mathew expressed concern about his immigration status. With his work visa expiring, he would no longer be entitled to OHIP coverage, and no longer be able to work or receive any benefits such as ODSP. He expressed a desire to return to India.
His privileges were restricted. Mr. Mathew was frustrated with the restrictions and was found smoking in his bedroom on a few occasions. The Hospital made adjustments to his medication in an attempt to address the change in his mental status.
Mr. Mathew’s family all live outside the country. He has no approved person and has not had any visitors this reporting year.
During this past fall, a number of incidents were noted by the hospital which were out of character. On one occasion in September Mr. Mathew told staff that he would be interested in taking additional programs. When asked what kind of programming he would like, he responded by saying “something violent.” On another occasion, he was observed staring at nursing staff, and then yelled, “come and suck my balls.”
There were a number of incidents of sexual comments to or about nursing staff. He reported to staff that a certain male patient was gay and was “coming on to him.” He displayed irritability, was at times argumentative, and acknowledged hearing voices.
Testimony of Dr. Nagari
Dr. Nagari has been treating Mr. Mathew since January 2024.
He testified to supplement the information in the Hospital Report. He reviewed Mr. Mathew’s progress this past year, and particularly, referred to Mr. Mathew being mentally stable, and engaging appropriately with staff until August 2025. Until that time, Mr. Matthew had been working full-time, and enjoying liberal access to the community. Dr. Nagari observed that when well Mr. Mathew is pro-social.
Dr. Nagari described the months following August as a struggle for Mr. Mathew. Mr. Mathew’s mood fluctuated, and he was often melancholy or agitated and rude to staff. Dr. Nagari described Mr. Mathew’s presentation as being similar to his behaviour when he first entered the hospital.
Dr. Nagari addressed the issue of significant threat to the safety of the public. He referred to the diagnosis of Schizoaffective Disorder, and Mr. Mathew’s history of cannabis use to cope with the symptoms of his mental illness. Mr. Mathew has recently experienced a decline in his mental stability, with the emergence of psychotic symptoms and inappropriate behaviour. In Dr. Nagari’s opinion, Mr. Mathew is currently a significant threat to the safety of the public.
The treatment of Mr. Mathew, and his reintegration into the community is complicated by his lack of status in Canada. Mr. Mathew has no source of income, he is not entitled to work, and is not entitled to benefits such as ODSP. He has no housing. Furthermore, Mr. Mathew is not entitled to health care coverage or coverage for medication. The Hospital was able to provide Mr. Mathew with a temporary health card to fund his health care costs, but this is only available to him while an inpatient at St. Joseph’s. There is no coverage available for him once he is discharged to the community. Mr. Mathew’s risk to public safety is elevated in these circumstances.
Dr. Nagari testified that he had communicated with Mr. Mathew’s family and they would welcome him back to India. He has also viewed correspondence from a psychiatrist in India who treated Mr. Mathew in 2019, who expressed his willingness to provide care for Mr. Mathew should he return to his family home.
In response to a question from Crown Counsel, Dr. Nagari stated, that at the current time, Mr. Mathew is a danger to the public. He also stated that a transfer to India would be in Mr. Mathew’s best interest.
In response to questions from counsel for Mr. Mathew, Dr. Nagari expressed his belief that Mr. Mathew would take his medication if being treated in India. Dr. Nagari also confirmed that there has not always been a mental health decline when Mr. Mathew was under stress. He also confirmed that, notwithstanding the decline in mental stability this fall, Mr. Mathew has not been physically aggressive or violent. Dr. Nagari was unsure if Mr. Mathew was entitled to ODSP once the Immigration authorities issued a Removal Order. Dr. Nagari did indicate that he would consider the possibility of community living but for the Immigration issues.
Victim Impact Statements
Ms. Shauna Mann, the daughter of the victim, Lawrence Mann, read her victim impact statement at the hearing. Her father suffered a brain injury as a result of the index offences. The victim impact statement expressed the profound impact this event has had on her father’s life and the lives of the family members.
Ms. Shauna Mann also read the victim impact statement of her mother, Ms. Ellen Mann. It also described the devastating impact the accident has had on her life. She described her life now as a full-time care-giver. Her statement states, “the accident did not just injure my husband, it reshaped our marriage, my identity, and the life we built together.”
Submissions
The Hospital submitted that a detention order was necessary. Mr. Mathew has been receiving treatment for a relatively short period of time since the index offences. The Hospital submitted that Mr. Mathew would be unable to access health care or support himself if he were not detained in hospital that increases the risk of decompensation and the risk to public safety. The Hospital also advised that it was supporting a recommendation that Mr. Mathew be returned to India.
The Crown concurred with the Hospital’s comments, and also supported the Board recommending Mr. Mathew be returned to India.
Counsel for Mr. Mathew also supported the Board recommending a transfer to India. He did not dispute the need for a detention order at this time.
Each of the counsel agreed that the appropriate approach to a transfer to India is to allow the necessary applications to be made, and then arrange for an early Review Board hearing to determine if the Board was recommending a transfer at that time.
Analysis
After considering the evidence, the panel accepts that Mr. Mathew remains a significant threat to the safety of the public, and that a continuation of the detention order is necessary and appropriate.
The evidence indicates that Mr. Mathew began experiencing symptoms of psychosis in 2016 and was hospitalized in 2019 in India. He was further hospitalized in Kitchener on two occasions in 2021 for psychiatric care.
He has a history of non-compliance with medication, relapses of his psychosis, cannabis use, and opting out of outpatient psychiatric care that was arranged for him in the community.
Mr. Mathew suffers from a chronic illness that makes him vulnerable to substantial mental deterioration when under stress. At the present time, he is facing immense instability from his lack of status in Canada, which precludes him from obtaining an income, housing, and healthcare. He currently has no housing available, or personal or professional supports in the community.
The Hospital indicates that it is impossible for it to envision a path of progress for Mr. Mathew given his lack of status in Canada. Its ability to reintegrate Mr. Mathew into the community is severely compromised.
The recommendation of the parties for a continuation of the current detention order with the same terms and conditions is necessary and appropriate.
A transfer of Mr. Mathew to India also appears to be appropriate in the circumstances. An early Board hearing may be arranged by the parties at the appropriate stage of the application process to determine if it is still appropriate at that time for the Board to recommend Mr. Mathew be transferred to India.
Dated this 13th day of April 2026, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Alternate Chair
Office of the Registrar
Ontario Review Board