Re: James C. Harding
ORB File No: 7890
Hearing held on: Wednesday, October 8, 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: Ms. C. Finley Members: Dr. R. Sheppard Dr. S. Wiseman Ms. J. Greenwood Ms. C. Plyley
Parties Appearing: Accused: James C. Harding Counsel: Ms. M. Perez
The person in charge of hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated December 3, 2025)
Introduction
On May 7, 2021, James Harding was found not criminally responsible on account of a mental disorder (NCR) on charges of assault with a weapon (x2) and aggravated assault, contrary to the Criminal Code of Canada. He is currently subject to a disposition of the Ontario Review Board (ORB/the Board) dated August 6, 2024, detaining him at the Forensic Program of Ontario Shores (Ontario Shores/the hospital) with discretionary privileges up to and including the ability to reside in the community in approved accommodations.
On October 8, 2025, the Board convened a hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Harding was present and represented by his counsel, Ms. Perez.
At the outset of the proceedings, all parties were canvassed as to their positions on the issues to be determined by the panel: whether Mr. Harding continues to represent a significant threat to the safety of the public; and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
Ms. Marshall, on behalf of the hospital, submitted that Mr. Harding continues to represent a significant threat to the safety of the public and that the necessary and appropriate disposition is a discharge with conditions, including the requirement that he continue to reside at his residence and that he consent to treatment pursuant to s. 672.55 of the Criminal Code. Ms. MacDonald, on behalf of the Ministry of the Attorney General, and Ms. Perez concurred in the hospital’s positions. Ms. Perez indicated that Mr. Harding was not contesting the issue of significant threat and that he was consenting to accepting treatment under s. 672.55. Thus, a joint submission was put before the panel.
Findings
- For the reasons that follow, the panel found that Mr. Harding remains a significant threat to the safety of the public and the necessary and appropriate disposition to manage that risk is a discharge with the conditions as recommended by the parties.
The Evidence
- The evidence at the hearing consisted of the Hospital Report, dated July 14, 2025 (ex. 1), and the viva voce evidence of Dr. Pallandi, Mr. Harding’s treating psychiatrist.
The Index Offences
A summary of the index offences has been taken from the facts as set out in the Hospital Report. In August 2020, Mr. Harding was residing in a group home. In the early morning hours of August 21, 2020, he was agitated and paranoid, believing that the other residents were out to kill him. He armed himself with a hammer. He went to Victim #1’s room and struck him in the head. The victim sustained lacerations and bruising to his head and arms. Mr. Harding then proceeded to the room of Victim #2 and struck him in the arm with the hammer, resulting in Victim #2 having a swollen arm. Mr. Harding encountered Victim #3 on the front porch of the residence. He struck him with the hammer on the head, face and shoulder. Victim #3 sustained a skull fracture, facial fractures and bruising.
Mr. Harding left the residence and smashed the windows of a parked car. When police arrested him, he tried to punch the officer. He was taken to the Scarborough General Hospital as he had sustained cuts from the broken windows. While being treated, he kicked a nurse in the face. She fell back against the wall and fainted, temporarily losing consciousness. It was believed that Mr. Harding had consumed cannabis around the time of the assaults.
Background
The Hospital Report provides considerable information concerning Mr. Harding’s personal history, his mental health history, and his course in hospital and in the community subsequent to the date of the NCR hearing. It is unnecessary to summarize this information in these Reasons beyond the following material facts.
Mr. Harding is a 73-year-old man who was raised with his two younger sisters in Scarborough. After completing high school, he went to Seneca College for two years. He has spent most of his life working as a musician, playing drums for various bands. Mr. Harding was supported by the ODSP1 for about eight years before he began to receive his Old Age Security.
Mr. Harding had been residing at the residence for approximately four years prior to the index offences. The residence was staffed 24 hours a day, seven days a week. Mr. Harding had his own room and shared common areas with the other tenants.
Mr. Harding has a long history of substance use, particularly cannabis, alcohol and cocaine. He attended a residential treatment program for alcohol and regularly attended AA meetings. As noted above, it is believed that at the time of the index offences, he had consumed cannabis.
Mr. Harding was diagnosed with schizophrenia in the late 1980’s. He has had numerous admissions to various hospitals in the Scarborough area, often after displaying symptoms of paranoia and arming himself with a weapon for protection. He reported experiencing command auditory hallucinations.
At the time of the index offences, Mr. Harding was supported by the East Metro Assertive Community Treatment Team (ACTT) and regularly received antipsychotic medication by way of intermuscular injections. He was seen the week before the index offences and given his injection. His mental status was noted to be at baseline apart from some pressured speech.
Following the NCR finding, Mr. Harding was an inpatient at Ontario Shores until he was successfully discharged into the community in May 2023. He was discharged to Powell Residence, a 24-hour supervised group home in Scarborough operated by the Canadian Mental Health Association. He was supported by a forensic outpatient team and the East Metro ACT team.
Although Mr. Harding maintained periods of abstinence, he also tested positive for cannabinoids on several occasions. Mr. Harding often told his forensic case manager that he had a desire to use cannabis on a regular basis. The forensic team noted that he lacked insight into their concerns of how this may impact his mental status.
In April 2024, Mr. Harding presented himself at Birchmount Hospital. He reported being concerned about his own safety and reported paranoid ideation in relation to his co-residents and police. He appeared to see the hospital as a place of refuge. Mr. Harding was transferred to a forensic unit at Ontario Shores. During the admission process, he reported that he had been experiencing sleep difficulties and thoughts of paranoia about his safety. At the time, Mr. Harding had been compliant with medications, and his urine drug screen was negative. His dosage of Olanzapine was increased, and he was discharged back to his residence on June 5, 2024.
Course Since the Last Disposition
Mr. Harding’s current diagnoses are schizoaffective disorder and substance use disorder. He has remained adherent to his medications which are administered by staff at the group home and his ACT team. He continues to report auditory hallucinations but they do not appear to impact on his day-to-day functioning.
In mid-January 2025, Mr. Harding’s had significant sleep difficulties. The treatment team tried to manage the issue with medications. On January 16, 2025, Mr. Harding experienced more intense paranoid beliefs and secured one of the residence’s fire extinguishers to use for his protection. The decision was made to readmit him to hospital and Mr. Harding was agreeable.
During his admission, Mr. Harding expressed some ambivalence to returning to Powell House and requested that the team consider alternative housing arrangements. Unfortunately, Mr. Harding experienced further sleep disturbances and related increased paranoia. A geriatric consultation was completed on February 4, 2025, and a psychopharmacological consultation was pursued.
Over time, Mr. Harding became more stable and successfully exercised indirectly supervised community access privileges. He was given a five-day leave of absence to a different group home in Scarborough. The residence is staffed 24-hours a day and residents receive meals and medication support. The leave was successful, and Mr. Harding was formally discharged on April 28, 2025.
Since returning to the community, Mr. Harding is supported by the Forensic Outpatient Service and the Metro East ACT team. He also is supported by his Forensic Transitional Case Manager and the staff at the residence. Mr. Harding continues to experience residual psychosis on a regular basis. He identifies his auditory hallucinations as “good voices” giving him positive messages.
Mr. Harding used cannabis on a regular basis from October to December 2024, as reflected in the results of his regular urine drug screens, 10 of which were positive. He was able to remain abstinent from December to June 2025. His insight into the impact of substance use remains limited. He has reiterated his wish to use cannabis on a regular basis.
Mr. Harding has continued to receive support from his sister, Patricia. They are in regular contact and he has visited her on numerous occasions.
Dr. Pallandi testified before the Board. He reported that Mr. Harding continues to do well. Dr. Pallandi noted that it was important to recognize that Mr. Harding’s admission to hospital in January was voluntary. Mr. Harding was agreeable to attending hospital and was accepting of the assistance offered by the treatment team.
Dr. Pallandi testified that Mr. Harding uses cannabis on a regular basis. To date, there has been no observed change in his mental status. Mr. Harding enjoys a good degree of support from the forensic outpatient team, the ACT team and the staff at the residence. He is seen by the forensic team approximately four times a week and his ACT team once a week. He is engaged and connects well with his supports.
Dr. Pallandi testified that Mr. Harding’s insomnia fluctuates. At times, he does not require medication to assist him. But when his sleep becomes fragmented or deteriorates, he definitely requires medication quickly. If the insomnia persists over a few days, it has a secondary effect on his mental status and he can experience psychotic symptoms.
Mr. Harding has continued to successfully exercise privileges that allow him to spend three or four nights at his sister’s residence in Shelbourne.
Dr. Pallandi testified that Mr. Harding has settled into his new residence and that residence appears to suit him much better than Powell House.
Dr. Pallandi is recommending that Mr. Harding no longer be subject to a requirement that he abstain from the consumption of substances yet he continue to be required to submit urine samples. Should a change in Mr. Harding’s mental status be observed, testing will inform the team whether it is as a result of possible adulterated cannabis or the use of a new substance. In response to a question from the panel, Dr. Pallandi testified that any increase in Mr. Harding’s present level of cannabis use would present as a risk factor. The removal of the abstinence clause will allow the team to evaluate the degree of control Mr. Harding is able to exercise over his substance use.
Dr. Pallandi testified that the treatment team is more aware of Mr. Harding’s sleep issues and are able to respond should there be a deterioration in Mr. Harding’s mental status and an intensification of his psychotic symptoms. The doctor expressed confidence that Mr. Harding would attend the hospital for an assessment if asked. Mr. Harding was very cooperative with the team’s request in January and Dr. Pallandi has no reason to believe that he would not attend the hospital if asked in the future.
Dr. Pallandi testified that when Mr. Harding is interacting with the team, he presents as very forgetful and struggles to remember such things as appointments with the team. This is a current concern that the team is monitoring.
All parties maintained the joint submission.
Analysis and Conclusion
The panel carefully considered the Hospital Report and the evidence of Dr. Pallandi and unanimously concludes that Mr. Harding remains a significant threat to the safety of the public. Although none of the parties contested that Mr. Harding represents a significant threat, nonetheless, the panel has made an independent determination in that regard. Mr. Harding has a diagnosis of schizoaffective disorder. Even when compliant with treatment, Mr. Harding continues to experience auditory hallucinations of a command nature. His mental state can fluctuate widely. When his sleep is disrupted, his mental status deteriorates significantly. His paranoia becomes more intense and historically this has resulted in his arming himself with weapon. Should that reoccur, as in the past, he likely will act out against those in close proximity. As such, he remains a significant threat to the safety of those living and working in his residence, as well as those attempting to assist him, such as police officers or nurses.
Having found that Mr. Harding represents a significant threat to the safety of the public, the panel must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
The panel unanimously finds that the necessary and appropriate disposition is a discharge with conditions. Mr. Harding has settled into his new accommodations and, by all accounts, enjoys his residence and has no plans to move. The house is staffed 24 hours and residents are provided meals and medication support. As such, a condition requiring him to continue to reside at the residence is sufficient to ensure that he continues to receive consistent and continuing support on a day-to-day basis.
The panel accepts Dr. Pallandi’s opinion that Mr. Harding would attend hospital upon a request by the treatment team. During this past year, he attended hospital on his own accord in order to seek a safe place. More recently, he agreed to attend the hospital when the treatment team recognized the impact of his sleep disturbances on his mental status. There is nothing to suggest that he would not comply with any future request from the team.
The panel also accepts Dr. Pallandi’s evidence that while Mr. Harding has continued to consume cannabis, the amounts have not resulted in a change in his mental status. Should such a change be observed, the team will have the ability to request a urine sample to determine possible causes, such as increasing amounts of cannabis or the use of other substances.
The panel also accepts the hospital’s recommendation that Mr. Harding consent to treatment pursuant to s.672.55 of the Criminal Code. Given Mr. Harding’s struggles with memory and his ongoing issues with insomnia, it is critical that he continue to receive medication in order to manage his risk in the community. As noted earlier, Ms. Perez has indicated that Mr. Harding is agreeable to such a condition.
In conclusion, the panel congratulates Mr. Harding and the treatment team for another positive year. The oversight and support that Mr. Harding currently receives from staff at the residence, the ACT team and the forensic outpatient team will continue. They will be in a good position to assist Mr. Harding should he experience sleep disruption and any associated deterioration in his mental status. Accordingly, Mr. Harding’s disposition will be a discharge with the conditions as agreed to by the parties.
DATED this 3rd day of December 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley Alternate Chairperson
Office of the Registrar Ontario Review Board