Ontario Review Board
Re: Shawn J. Claydon
ORB File No: 8312
Hearing held on: Tuesday, December 16, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Goldenberg
Members: Dr. K. Hand Dr. M. Kalia Mr. C. MacIntyre, KC Mr. R. Rainboth
Parties Appearing:
Accused: Shawn J. Claydon Counsel: Mr. J. Halberstadt
The person in charge of hospital: Representative: Dr. K. DeFreitas
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated January 20, 2026)
On April 19, 2023, Shawn Claydon was found not criminally responsible on account of mental disorder, on a charge of aggravated assault.
Mr. Claydon is currently subject to a Disposition of the Ontario Review Board dated December 23, 2024, by which he was ordered to be detained “at the Forensic Program of Ontario Shores Centre for Mental Health Sciences” (“Ontario Shores”).
On Tuesday, December 16, 2025, the Ontario Review Board convened a hearing at Ontario Shores and conducted the annual review of Mr. Claydon’s Disposition.
Position of the Parties
At the outset of the hearing, the parties were canvassed as to their recommendations to the Board.
Dr. DeFreitas appeared as the hospital’s representative, as well as being Mr. Claydon’s most responsible physician. Dr. DeFreitas advised that the hospital is seeking a continuation of the current Disposition with no changes.
In response to a question from the Alternate Chair, Dr. DeFreitas stated that if the Board chose to specify the level of security, she would be recommending a Detention Order on the General Forensic Program at Ontario Shores.
Ms. MacDonald appeared for the Attorney General. She supported the hospital’s recommendation and she also supported the Board directing that the Detention Order be to the General Forensic Program at Ontario Shores.
Mr. Halberstadt agreed with the hospital’s recommendation and agreed that the Board should specify detention at the General Forensic Program at Ontario Shores. In response to a question from the Alternate Chair, Mr. Halberstadt acknowledged that at the present time his client remains a significant threat to public safety and furthermore, that the necessary and appropriate Disposition is a Detention Order in lieu of any other Disposition.
Index Offence:
- "On September 18, 2020, Mr. Claydon appeared before the Honourable M. Callahan of the Ontario Court of Justice - Toronto Region, to answer to charges before the court. On that date, Mr. Claydon entered into a Release Order, which included the condition to not possess any weapons as defined by the Criminal Code (for example, but not restricted to, a pellet gun, firearm, imitation firearm, cross-bow, 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 or to threaten or intimidate any person).
On November 8, 2020, Mr. Claydon asked the victim for a cigarette in the area of Victoria Park Avenue and Ellesmere Road, Toronto. The victim declined Mr. Claydon’s request and kept walking. Mr. Claydon stalked the victim through the neighbourhood to a darker stretch of roadway. He attacked the victim from behind and struck him in the head a few times with a bike lock. The victim sustained a serious cut to his head and a broken shoulder. Mr. Claydon fled with the victim's wallet. A witness called 911 and the victim was transported to hospital. The victim was released, later the victim was re-admitted to hospital and a blood clot was located in his head.
Officers conducted an extensive video canvas and contacted the victim's debit card company. Mr. Claydon used the victim's debit card at multiple locations, which was confirmed with video evidence. On November 8, at approximately 6:58 p.m., the Mr. Claydon attended the Wendy's restaurant at 2501 Victoria Park Avenue, and made a purchase in the amount of $3.97, using the debit card belonging to the victim. While there, Mr. Claydon was also observed on surveillance video stealing two Remembrance Day poppies. At approximately 2:21 a.m. on November 9, Mr. Claydon used the victim's debit card to make a purchase of $15.64, at the Petro Canada gas station located at 3905 Sheppard Avenue East. At approximately 8:10 a.m., on November 9, Mr. Claydon made a purchase in the amount of $8.45, using the victim's debit card, at the Esso/Circle K located at 2370 Lawrence Avenue East. At approximately 10:35 a.m., Mr. Claydon was captured on surveillance video making a purchase using the victim's stolen debit card at the Local Cannabis dispensary located at 1260 Kennedy Road, in the amount of $11.29. At approximately 10:56 a.m. on November 9, Mr. Claydon used the victim's stolen debit card to make a purchase of $7.99, at the Dollarama store located at 2300 Lawrence Avenue East.
On Sunday December 6th, 2020, Mr. Claydon was investigated in the area of Yonge Street and Queens Quay East. Mr. Claydon was arrested and transported to 41 Division where he was held pending a show cause hearing. Injuries to the victim included the following:
Blood clot to brain
Broken Shoulder
Laceration to the rear right side of the head, approximately 5cm, which required 10 staples to close.
Laceration to the left eyebrow, approximately 3cm wide.
On November 16, 2020, the victim underwent brain surgery and was in a coma at Toronto Western Hospital.”
Evidence at Hearing:
- The Board admitted into evidence the Hospital Report dated December 8, 2025. The Hospital Report provides a great deal of information concerning Mr. Claydon, his personal history, his mental health history, details of prior criminal convictions and information about Mr. Claydon’s course in hospital subsequent to the date of the 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
Cannabis Use Disorder, moderate
Antisocial Personality Disorder
In addition to the documentary evidence the Board heard from Dr. DeFreitas. The Alternate Chair noted that the parties were making a joint recommendation and asked the doctor what she would like to highlight in her evidence. Dr. DeFreitas first wanted to stress that her patient has had a very good year. He has participated in a significant number of programs.
The panel was aware that Mr. Claydon is on the waiting list for admission to McKay House. Dr. DeFreitas confirmed that he is on that waiting list and advised of her understanding that it could be a number of months before he would transfer to McKay House.
Dr. DeFreitas advised that Mr. Claydon had been treated with an oral medication and an injectable medication. A decision was made to take Mr. Claydon off the oral medication and that took a number of weeks and with no change to his mental state. Once that was completed, Mr. Claydon was ready to be moved to McKay House.
In response to questions from Ms. MacDonald, Dr. DeFreitas stated her opinion that Mr. Claydon has “good insight”.
No other evidence was heard at this hearing.
Findings of the Board:
At the conclusion of the evidence, the parties were canvassed again as to their positions. All parties maintained the position that Mr. Claydon remains a significant threat to public safety and that the necessary and appropriate Disposition is a Detention Order directing Mr. Claydon to be detained in the General Forensic Service at Ontario Shores.
In the Board’s opinion, the parties’ joint recommendation is well founded. We accept the evidence of Dr. DeFreitas and the evidence contained in the Hospital Report. In particular, we accept that Mr. Claydon remains a significant threat to public safety and that a Detention Order is both necessary and appropriate. Dr. DeFreitas in her evidence stressed the need for a Detention Order so as to control any future community residence. I note that Ms. MacDonald and Dr. DeFreitas both commended Mr. Claydon for his very good year. Mr. Halberstadt on his part commended Dr. DeFreitas for the progress that has been made by Mr. Claydon.
In the result, the Board will issue a Detention Order as indicated above.
In reaching our Disposition, the Board has taken into consideration public safety, Mr. Claydon’s mental condition and his other needs, and Mr. Claydon’s reintegration into society.
DATED this 20^th^ day of January 2026, at the City of Toronto, in the Toronto Region.
Mr. J. Goldenberg Alternate Chairperson Office of the Registrar Ontario Review Board