Alberta appeal court denies discharge request by Calgary mass killer

The Alberta Court of Appeal denied an application by lawyers representing Matthew de Grood for a conditional discharge made earlier this month. (File)

A panel of judges has denied the discharge request of Matthew de Grood, a man who was found not criminally responsible in a 2014 Calgary mass stabbing.

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The Alberta Court of Appeal heard the case on Sept. 10.

At the hearing, de Grood’s counsel sought to have “a conditional discharge or full warrant under different conditions and privileges.”

The Alberta Criminal Code Review Board opposed the appeal, saying the young man still “posed a significant threat to the safety of the public.”

De Grood was arrested on April 14, 2014, after he fatally stabbed Lawrence Hong, Joshua Hunter, Kaitlan Perras, Zackariah Rathwell and Jordan Segura at a house party in Brentwood.

He was initially charged with five counts of first-degree murder, but a judge later found he was suffering from a mental disorder and was “incapable of appreciating or knowing that his actions were wrong.”

De Grood has been detained on a full warrant since the time of that judgment.

In the appeal, the appellant’s counsel said the board either “ignored or mischaracterized” evidence relating to his risk to public safety.

“The appellant applies to admit as new evidence an update from his treating psychiatrist,” the appeal court said. “The update reports that the appellant transitioned to minimum supervision conditions in April without any issues, and that he is coping well with ongoing and emerging stressors, including stress associated with his landlord expressing reservations about renewing his lease.”

They also said the board failed to apply the appropriate legal test and denied him privileges recommended by his treatment team.

De Grood’s counsel sought more freedoms for the young man, based on the recommendations of his treatment team.

“Under either disposition, he asks that the court direct he be moved back home to live with his parents within 30 days of the court’s order,” the appeal court wrote.

Though the three-judge panel admitted the evidence about de Grood’s “trustworthiness” in his psychiatric update, it agreed with the board and denied de Grood’s appeal.

The court said de Grood’s treatment remains heavily reliant on a regular dosage of the anti-psychotic drug Olanzapine.

“If the appellant stopped taking it, a deterioration in his mental state could be expected, and if the appellant stopped taking his medication generally, the chances of a relapse within the first year would be 50 per cent or greater,” the court said.

“We are not satisfied the board’s statement represented a mischaracterization of the importance of Olanzapine on the evidence as a whole.”

The appeal court also made mention of two periods of “decompensation” in de Grood’s behaviour in 2019 and 2021, which occurred during medication trials.

“It found he loses insight early on in decompensation which would ‘likely negatively impact on him taking medication ... as well as his willingness to return to hospital voluntarily,’” the appeal court said.

“Referring to the 2019 and 2021 episodes, the board did state the appellant’s ‘signs of deterioration are subtle and not necessarily recognized by those who do not know him well.’”

‘No basis to interfere with privileges’

The appeal court said the appellant’s request — to move from a home under supervised care to his parent’s home — would be a significant change in de Grood’s privileges.

The new evidence, noted above, was not enough for the appeal court to change the board’s findings of his living arrangements.

“The board reasonably concluded that more time was required to observe his progress in these less supervised settings before reducing restrictions further,” the appeal court said.

The judges did give credit to de Grood’s “steady progress,” but insisted that its impact on his risk assessment will be evaluated at the next scheduled review hearing in November.

De Grood currently lives in a forensic group home with light supervision in the Calgary area.