CITATION: R. v. Scavarelli, 2026 ONSC 3680

COURT FILE NO.: CR-24-0072-00

DATE: 2026-06-23

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HIS MAJESTY THE KING

D. Pierce, for the Crown

• and -

MATHEW SCAVARELLI

G. Labine, for the Accused

HEARD: December 6, 2025 at Thunder Bay, Ontario

Mr. Justice W.D. Newton

Criminal Decision on Sentencing

Overview

1Matthew Scavarelli was charged with the second-degree murder of Cody Young, contrary to s. 235(1) of the Criminal Code.¹ On April 7, 2025, Mr. Scavarelli appeared before me and pleaded not guilty as charged, but guilty to the lesser included offence of manslaughter, contrary to s. 236 of the Criminal Code.

2The issue left to be decided is the length of sentence. This is a contested sentencing where the Crown seeks 9 years of incarceration, minus pre-sentence custody. Counsel for Mr. Scavarelli seeks 2 years less a day, a 3-year probation order, and a Duncan reduction for conditions endured in pre-trial custody.

3The parties filed an Agreed Statement of Facts (the "ASF"). I want to thank counsel at the outset for their co-operation in submitting the ASF.

Circumstances of the Offence

4Mr. Scavarelli and Mr. Young met for the first time on the afternoon of January 28, 2023. They consumed drugs together, "down", the street name for fentanyl.

5Later that afternoon, Mr. Young broke into Mr. Scavarelli's home and stole electronics. When Mr. Scavarelli returned home shortly thereafter, he noticed the theft and then began to follow Mr. Young.

6While on McKenzie Street, multiple witnesses saw a confrontation between Mr. Young and Mr. Scavarelli involving punches. Their recounts to police can be summarized as follows:

• Melissa Wice said that she heard Mr. Young tell Mr. Scavarelli to "leave him alone" before he was tackled. Further, she saw Mr. Scavarelli produce a knife and make multiple swinging motions before tripping Mr. Young to the ground. Ms. Wice said she witnessed Mr. Scavarelli stab Mr. Young in the chest.
• Sydney Egeberg said that she saw two men – later identified as Mr. Young and Mr. Scavarelli – circling each other on the street with knives in their hands. The men had exchanged multiple blows before Mr. Young was knocked down and stabbed in the chest by Mr. Scavarelli.
• Robert Travish was travelling northbound on McKenzie Street. His truck's dashcam captured the end of the confrontation between Mr. Young and Mr. Scavarelli. In the footage, Mr. Scavarelli is seen straddling Mr. Young while he lay supine in a snowbank. Mr. Scavarelli is then seen stabbing Mr. Young in the chest with a knife.

7Officers attended Mr. Scavarelli's home as one of the witnesses identified Mr. Scavarelli.

8Constable Brandon Tyrvainen searched Mr. Scavarelli incident to arrest and found a Buck knife with the blade facing upwards in his left pants pocket. The knife was left on the porch and was later seized by a Forensic Identification Officer.

9Constable Mike Coehlo observed blood under Mr. Scavarelli's left arm. Mr. Scavarelli was asked if he was injured, to which he responded being stabbed. Mr. Scavarelli further mentioned that (i) he was not a threat; (ii) he acted in self-defence; and (iii) someone stole his electronics and knives.

10Mr. Scavarelli received treatment for these injuries at the TBRHSC and was discharged the same day.

The Forensic Pathology Report

11Dr. Khara, a forensic pathologist, produced a Forensic Pathology Report summarizing her findings of the post-mortem conducted on January 31, 2023.

12During the confrontation, Mr. Scavarelli was stabbed by Mr. Young under his left arm. This injury would result in a pneumothorax, which is commonly referred to as a collapsed lung. This would require stiches.

13Mr. Scavarelli also inflicted multiple non-lethal injuries to Mr. Young, which were consistent with defensive-type injuries. The injuries included a sharp force injury to the tip of Mr. Young's nose, a sharp force injury to the middle finger of his left hand, as well as multiple bruises and abrasions.

14Dr. Khara concluded that Mr. Young's cause of death was a single stab wound to the chest. More specifically, the knife penetrated the chest cavity and injured the upper lobe of his left lung, as well as penetrated the superior vena of the heart, causing massive blood loss into the chest cavity.

Final Note on the Particulars of the Offence

15It is submitted in the ASF that the actions committed were due to the intoxicating impact of fentanyl and marijuana, coupled with Mr. Young's actions. As a result, Mr. Scavarelli was acting without regard to the consequences and without the necessary mens rea for murder, thereby committing manslaughter.

16However, I also take note of the following which were included in the ASF:

• Mr. Scavarelli never called 911, nor informed the proper authorities after the break-in, despite having a cell phone during the incident
• Mr. Scavarelli never called 911, nor informed the proper authorities during or after the confrontation with Mr. Young. Although it was taken out on one occurrence with the intention to call 911, it was placed back in his pocket when Mr. Young brandished a knife
• Mr. Scavarelli never disengaged from the situation with Mr. Young

Circumstances of the Offender

17A Pre-Sentence Report ("PSR") was filed. Mr. Scavarelli is 26 years old, born and raised in Thunder Bay. He is presently single and has no children. His parents separated when he was young, with his father moving to Edmonton, Alberta, leaving his mother as the sole caregiver. He is the youngest of two boys. Neither Mr. Scavarelli's parents nor his brother contributed to the PSR.

Childhood

18Overall, Mr. Scavarelli recalls a healthy and positive childhood free from violence or abuse. As his mother was the sole caregiver, the children were often left home unsupervised while the mother worked but never went out to "cause trouble" in the community. He reports a healthy relationship with his brother.

19Mr. Scavarelli also indicates a very positive relationship with both maternal and paternal grandparents which were described as supportive. Neither pair of grandparents contributed to the PSR at the request of Mr. Scavarelli, indicating that he did not want them involved in this process. For this reason, the PSR writer notes that this information cannot be verified.

20Finally, Mr. Scavarelli mentioned previous short-term relationships in his teen years, but described them as "nothing serious".

Education and Employment

21Mr. Scavarelli attended elementary school in Thunder Bay, describing himself as a student with good grades, having no suspensions or expulsions. However, this changed once he reached high school where he began experimenting with alcohol and marijuana. Mr. Scavarelli notes that this directly impacted his studies, and further admits spending time with negative peers, often skipping classes. As a result, he was suspended on multiple occasions for skipping school and bringing alcohol and/or drugs onto school property.

22In grade 10, Mr. Scavarelli moved to Edmonton, Alberta, to live with his father. According to Mr. Scavarelli, his grades improved drastically – even making Honour Roll – and he began working full time hours. However, in grade 12 Mr. Scavarelli and his father had a falling out, causing him to return to Thunder Bay. He quickly fell back into old habits and eventually abandoned his studies.

23While in custody, Mr. Scavarelli has been working towards finishing grade 12. This has been challenging due to transfers between institutions, but he remains committed to obtaining his Secondary School Diploma. Upon completion, he intends to pursue trades and culinary arts. Generally, Mr. Scavarelli describes himself as a good worker, able to get along with peers and supervisors. He has never been reprimanded by employers or fired, although he has quit several jobs in the past to pursue other employment.

Substance Use and Addiction

24Mr. Scavarelli first began experimenting with substances at the age of thirteen. Alcohol was reserved for social consumption on weekends, but marijuana became a daily focus. He admits that substance use negatively impacted his attendance and school grades.

25By seventeen, Mr. Scavarelli began experimenting with cocaine, crack cocaine, and fentanyl. He admits that drug usage was problematic as he spent more time with individuals involved in the drug sub-culture and began using "a lot of fentanyl". He reports never overdosing or requiring medical assistance but has experienced the loss of friends due to same.

26Mr. Scavarelli reports being "clean" of all substances since his arrest. However, Ministry records indicate that contraband was found on at least one occasion while in custody, specifically a white powdery substance.

27Although Mr. Scavarelli has never attended a form of residential treatment, he indicates being open to it. While in custody, he has completed numerous rehabilitative programs, including substance use – he intends to maintain a sober lifestyle moving forward.

Character, Behaviour and Attitude

28Mr. Scavarelli describes himself as a hardworking individual with a generally positive and laid-back attitude. He notes struggling with anger at times and having a "short fuse", especially when drinking alcohol. He is typically an active person and expressed getting his driver's license once released.

29The Social Worker at the Thunder Bail District Jail ("TBDJ") describes Mr. Scavarelli as very polite and respectful. In her interactions, she has never observed him behaving in harmful or bullying-type behaviours. The Social Worker further notes that he engages in suitable conversations with others and reaches out to professionals when in need of support.

30The PSR writer notes that Mr. Scavarelli was polite, respectful, and cooperative. He admitted feelings of guilt, shame, and regret resulting from his actions. He expressed remorse for the victim's family. He further notes struggling with his actions internally, experiencing mental and emotional lows on a regular basis. Although not diagnosed with any mental health issues, he is open to a clinical assessment.

Final Thoughts and Recommendations

31Should the Court consider community supervision as part of his disposition, Mr. Scavarelli expressed full cooperation and compliance. The PSR notes, however, that while in custody, he has been involved in five institutional misconducts, including willfully disobeying orders, possessing contraband, and participating in inciting disturbances.

32The PSR states that substance use and poor choices in peers will likely contribute to further offending behaviour if not addressed. Nevertheless, if Mr. Scavarelli continues to engage in rehabilitative efforts, he appears to be capable of maintaining a pro-social lifestyle and become a contributing member of society.

33The PSR writer further recommends that community supervision, if any, should include the following conditions: (i) report to a probation officer; (ii) attend and actively participate in assessments, counselling, or rehabilitative programming as directed; (iii) make reasonable efforts to secure and maintain employment and/or enrol in educational training; (iv) do not possess any unlawful drugs or substances except with a valid prescription; and (v) a weapons prohibition.

Position of the Parties

34As mentioned, this is a contested sentencing. The Crown seeks 9 years incarceration, minus pre-sentence custody. Defence counsel for Mr. Scavarelli seeks 2 years less a day, and a 3-year probation order.

35Defence counsel also seeks a Duncan credit for conditions endured in pre-trial custody. The Crown opposes.

36Counsel provided several cases for sentencing consideration. I have provided the relevant excerpts of each authority below. While the case law was reviewed, I am mindful that sentencing for manslaughter is a case-specific exercise.

The Crown

Sentencing

37R. v. Audette² – Ms. Audette was charged with first-degree murder and later pleaded guilty to manslaughter. The deceased was killed by a single stab wound to the chest. She had consumed a large quantity of alcohol prior to the offence. Kowalyshyn J. stated that the offence was violent and carried out on a defenseless and extremely vulnerable individual, without any warning.³

38Of note was a discussion on the different degrees of moral culpability, even for impulsive killings: "those which are likely to put the victim at risk of, or cause, bodily injury and those which are likely to put the victim at risk of, or cause, life-threatening injuries."⁴ Reference to this Court's decision in Robert-Stevens provided a suggestion on appropriate sentencing ranges for manslaughter:⁵

[…] sentencing in manslaughter cases is quintessentially case-specific. However, the Court of Appeal of this Province has held that in cases where the conduct of the offender was accompanied by aggravating features, the appropriate sentence will usually fall within the range of 8 to 12 years. [Citations omitted.]

39In light of the aggravating factors, Ms. Audette was sentenced to 8.5 years.

40R. v. César⁶ – Mr. César was found guilty of manslaughter by a jury. He stabbed the deceased three times in the chest. Smith J. found that a verbal confrontation had occurred prior to the offence. There were also numerous aggravating factors. Mr. César was sentenced to 9 years, less pre-sentence custody.

41R. v. Talbot-Hall⁷ – Mr. Talbot-Hall was charged with second-degree murder and later found guilty of manslaughter. A violent struggle occurred and the deceased was stabbed seven times. Pierce J. found that the stabbing fell closer to "near murder" on the continuum of moral blameworthiness for manslaughter than it did to accident.⁸

42Similarly to the present case, Mr. Talbot-Hall could have avoided the confrontation entirely and did not summon help.⁹ Pierce J. found the moral blameworthiness very high, emphasizing denunciation and deterrence.¹⁰

43Mr. Talbot-Hall was sentenced to 10 years, minus a Summers credit for time served. The conditions of pre-sentence custody at the TBDJ and the Central North Correctional Centre, of which included lockdowns and triple bunking, were also considered. These harsh conditions reduced the sentence by an additional one-half year.

"Duncan" Credit

44The Crown submits that onerous conditions of pre-trial incarceration were already taken into account by the Summers credit.¹¹ According to the Crown, it is only when exceptional conditions go well beyond the restrictions of pre-trial custody that further mitigation should be considered.

45In referencing the Court of Appeal for Ontario in R. v. Duncan and R. v. Marshall, the Crown notes the following: (i) further evidence is required to demonstrate particularly harsh treatment beyond the 1.5 credit; and (ii) Duncan mitigation is not a deduction from an otherwise appropriate sentence.¹²

46The Crown further relies on R. v. Cunningham for the proposition that Duncan should be used as a mitigating factor.¹³ In this case, the Court held that seven years was an inappropriate sentence for attempted murder, which was further reduced by one year due to a Duncan credit. Benotto J.A. set aside the sentence and imposed 15 years, less credit for time served. There was no further reduction.

47Finally, the Crown references R. v. Williams whereby the Court of Appeal for Ontario granted a two-month Duncan credit due to the harsh conditions of the TBDJ.¹⁴ The Crown highlights that the appellant had spent 550 days in pre-sentence custody, and these conditions were also amidst the COVID-19 pandemic.

Mr. Scavarelli

Sentencing

48R. v. Phan¹⁵ – Mr. Phan was charged with first-degree murder, but pleaded guilty to manslaughter due to provocation. Mr. Phan used a large carving knife and stabbed the deceased. Roberts J. found the use of a knife to be an aggravating factor and sentenced him to 6 years, minus pre-trial custody. The pre-trial custody was credited at twice the amount, due to onerous conditions, lack of rehabilitation services, and lack of parole credit given to pre-trial time.¹⁶

49R. v. Taylor¹⁷ – Mr. Taylor was charged with second-degree murder and convicted of manslaughter by a jury. He was 18 years old. Mr. Taylor and the deceased were involved in a fistfight before the offence. The deceased was stabbed eight times. Mr. Taylor was highly intoxicated at the time. The probation officer also noted a concern for alcohol abuse and anger management problems, both of which the accused does not recognize. Hackland R.S.J. found this combination "concerning".¹⁸

50There were numerous aggravating and mitigating factors in this case. Of note, was the severity of the beating Mr. Taylor received which reduced his moral blameworthiness, as well as his youth and excellent prospects for rehabilitation.¹⁹ Hackland R.S.J. sentenced Mr. Taylor to 6 years in penitentiary, with credit for time served.

51R. v. Croft²⁰ – Mr. Croft was charged with murder but found guilty of manslaughter. He stabbed his half-brother during a fight. There was evidence that he had been drinking. When police told Mr. Croft that his brother was deceased, he was in shock and even asked the police to shoot him.²¹ Harris J. found this to be formidable evidence of a lack of intent to kill and noted that Mr. Croft was remorseful and a "broken man".²²

52Of note was the discussion of penitentiary versus provincial systems. Harris J. stated the following:

Prison itself is likely to have a detrimental effect on an offender and to frustrate rehabilitation. […]

Furthermore, the penitentiary system houses the more serious and dangerous offenders. The negative effect on an inmate is likely to be substantially worse than in the provincial system.²³

53Harris J. found that sending Mr. Croft to a penitentiary was neither necessary, nor wise.²⁴ Mr. Croft was sentenced to 6 years, minus time served, three years probation, as well as counselling and treatment conditions.

54R. v. Beals²⁵ – This case involved three co-accused, charged with first-degree murder but convicted of manslaughter by a jury. Mr. Beals stabbed Mr. Shraim – 22 years old – during a group conflict, while his friends, Mr. Walters and Mr. Buckland, watched in horror. Mr. Shraim was stabbed in the heart and bled to death. A witness described the events prior to the offence as "stupid" and the product of purposeless, foolish anger.²⁶

55After reviewing all the evidence, Harris J. found that Mr. Beals' group was the aggressor. Mr. Beal inflicted the wound and was sentenced to 6.5 years, taking into account Duncan and Downes mitigation and applying the Summers credit. Mr. Walters was complicit in the revenge plot and therefore sentenced to 2 years, mitigated by Downes. Similar but to a lesser extent, Mr. Buckland was found complicit and sentenced to 2 years. He was in a time served position. Harris J. recorded the harsh lockdown and triple bunking conditions that Mr. Buckland endured, stating:

That a man presumed innocent was subjected to triple bunking is deplorable and intolerable. We as a society risk losing the moral authority necessary to incarcerate people if we are unable to do so without a modicum of humanity.²⁷

56R. v. Pintyi²⁸ – Mr. Pintyi was charged with first-degree murder of his brother-in-law, but convicted of manslaughter by judge alone. The deceased had threatened and assaulted Mr. Pintyi for years. On the day of the offence, Mr. Pintyi and his brother-in-law were engaged in a verbal altercation. Mr. Pintyi had a steel pipe in his hands. Mr. Pintyi believed that his brother-in-law was going for his throat, so he hit him in the head once. Kelly J. found that this action was done instinctively and without the intention to kill.²⁹

57There were numerous aggravating and mitigating factors in this case. Notably, provocation was found to be a mitigating factor.³⁰ In reviewing the harsh conditions suffered in jails due to lockdowns and general conditions, Kelly J. stated:

I have said it before and I echo the sentiments of my colleagues, that although the message is being sent to our government that they must properly staff institutions to permit inmates to reside in humane conditions, that issue has remained, for the most part, unresolved. The ongoing unacceptable treatment of inmates in the detention centers is a significant mitigating factor.³¹

58Initially 6 years was the appropriate sentence. However, given these conditions, Kelly J. sentenced Mr. Pintyi to 5 years plus one day, which included credit for pre-sentence custody and a Duncan credit (1 year) for harsh conditions endured during pre-trial custody.

"Duncan" Credit

59Mr. Scavarelli seeks an enhanced credit for pre-sentence custody for time spent in full lockdowns, resulting in harsh jail conditions. Mr. Scavarelli provides a timeline of his pre-sentence custody which can be summarized as follows:

• January 29, 2023–November 20, 2024: TBDJ
• November 21, 2024–November 24, 2025: Algoma Treatment and Remand Centre ("ATRC")
• November 24, 2025–April 5, 2025: Monteith Correctional Complex ("MCC")
• April 6, 2025–May 18, 2025: TBDJ
• July 31, 2025: TBDJ
• August 25, 2025: TBDJ

60First, Mr. Scavarelli submits that he is entitled to receive a Summers credit of 1.5:1 for this time. It is advanced that a significant amount of time was in lockdown or triple bunking. While in full lockdown, Mr. Scavarelli did not have access to visitors, fresh air, phones, time out of cell, or showers. It is submitted that these conditions had an adverse effect on Mr. Scavarelli.

61Second, it is submitted that as of July 31, 2025, at the TBDJ, Mr. Scavarelli spent 9 days in lockdown and 430 days triple bunking. During his stay at MCC, he spent 82 days in unscheduled lockdowns. While at ATRC, he spent 30 days in unscheduled lockdowns. This totals 551 days. As such, Mr. Scavarelli is seeking a Duncan credit of 2:1 for lockdowns and harsh conditions which totals 1102 days.

62In support of this position, the defence relies on Duncan and this Court's decision in R. v. Kanyanga.³² Mr. Kanyanga spent significant time in custody while subject to lockdowns, triple bunking, sporadic access to fresh air, and lack of showers.³³ Following the direction in Marshall, Goodman J. considered the Duncan credit as a mitigating feature for reduction towards the global sentence. This resulted in a mitigation of 10 months on a four-year sentence – five and a half months at 1:1 for the full lockdowns, and four and a half months for the period of triple-bunking.³⁴

Analysis and Disposition

63Aggravating factors in this case include an attack with a knife and the fact that Mr. Scavarelli could have avoided this confrontation, but he chose not to. When he stabbed Mr. Young, Mr. Scavarelli appeared to be in control the situation, straddling Mr. Young on top of him.

64It is acknowledged that intoxication by drugs was a factor and that Mr. Young was also armed with a knife and that Mr. Young stabbed Mr. Scavarelli.

65Mr. Scavarelli's expression of remorse is genuine and he has pleaded guilty.

66The presentence report is very positive. Despite his in-custody infractions, Mr. Scavarelli was described by the jail social worker as "very polite and respectful. The presentence report writer also described Mr. Scavarelli as polite, respectful, and cooperative.

67I determine that the fit sentence is a sentence of seven years. From that sentence, credit is given for presentence custody of just over five years (1242 days of presentence custody enhanced at 1.5 = 1863 days or 5.1 years).

68It is appropriate to treat particularly harsh presentence custody conditions as a mitigating factor. Mr. Scavarelli has over at least 120 days in lockdown and at least 430 days triple bunked for over 650 days or over one- and one-half years in these conditions. Sentence is reduced by a further .9 of one year.

69The net effective sentence is a further 365 days in custody followed by probation for three years with the following conditions: (i) report to a probation officer; (ii) attend and actively participate in assessments, counselling, or rehabilitative programming as directed; (iii) make reasonable efforts to secure and maintain employment and/or enrol in educational training; (iv) do not possess any unlawful drugs or substances except with a valid prescription; and (v) a weapons prohibition.

70The following ancillary orders are made:

a) s. 109(1) Weapons Prohibition 10 years

b) to provide DNA sample

c) knives to be forfeited

d) victim fine surcharge waived.

The Hon. Mr. Justice W.D. Newton

Footnotes

1. 1R.S.C. 1985, c. C-46.
2. 22022 ONCJ 104.
3. 3Audette, at paras. 88 and 90.
4. 4Audette, at paras. 84. Kowalyshyn J. provided the following references: R. v. Roberts-Stevens, 2019 ONSC 257, at para. 110, citing R. v. Bidesi, 2017 BCSC 198, at paras. 41 and 43, which in turn cites R. v. Laberge, 1995 ABCA 196. See also R. v. Kwandibens, [2021] O.J. No. 6166 (S.C.), at para. 48.
5. 5Audette, at para. 86, citing Roberts-Stevens, at para. 111.
6. 62013 ONSC 4190.
7. 72025 ONSC 3176.
8. 8Talbot-Hall, at para. 115.
9. 9Talbot-Hall, at paras. 117 and 121.
10. 10Talbot-Hall, at para. 124.
11. 112014 SCC 26, [2014] 1 S.C.R. 575, at paras. 28-29.
12. 12R. v. Duncan, 2016 ONCA 754, at paras. 7-8; R. v. Marshall, 2021 ONCA 344, at para. 52.
13. 132023 ONCA 36, at para. 60.
14. 142024 ONCA 508.
15. 15[2000] O.J. No. 6004 (S.C.).
16. 16Phan, at paras. 8-9.
17. 172013 ONSC 3370.
18. 18Taylor, at para. 18.
19. 19Taylor, at para. 29.
20. 202018 ONSC 4405.
21. 21Croft, at para. 29.
22. 22Croft, at paras. 30 and 59-60.
23. 23Croft, at paras. 48-49.
24. 24Croft, at para. 64.
25. 252023 ONSC 555.
26. 26Beals, at para. 6.
27. 27Beals, at para. 137. Mr. Buckland was noted to be a "very large man", standing at 6"6 and weighing 350 pounds. He was claustrophobic and had ADHD. The cell he was triple bunked in was about 120 square feet. Harris J. stated that the issues with triple bunking pertained with even more force with respect to Mr. Buckland: at para. 135. Additionally, Harris J. provided other authorities criticizing triple bunking, with some describing it as a "cruel and unusual punishment": see para. 136.
28. 282025 ONSC 3371.
29. 29Pintyi, at para. 11.
30. 30Pintyi, at para. 48.
31. 31Pintyi, at para. 54, referencing R. v. Persad, 2020 ONSC 188.
32. 322023 ONSC 3426.
33. 33Kanyanga, at paras. 59 and 63.
34. 34Kanyanga, at para.70. The time period for the triple bunking was nine months.```