Re Linda Morden, 2025 CanLII 39408

Re: Linda Morden

ORB File No: 8256

Hearing held on: Tuesday, March 25, 2025

Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal Members: Dr. B. Sheppard Dr. G. Stones Mr. K. McKenna Mr. A. Mete

Parties Appearing:

Accused: Linda Morden Counsel: Mr. R. Brooks

The person in charge of hospital: Counsel: Mr. S. O’Brien

Attorney General of Ontario: Counsel: Mr. I. Shaikh

(Dated April 28, 2025)

Introduction

Linda Morden, age 65, was found on March 6, 2023, not criminally responsible on account of mental disorder on charges of mischief not exceeding $5000 (x2), possession of a weapon for a purpose dangerous, utter a threat to cause death or bodily harm and killing or injuring animals other than cattle, all contrary to the Criminal Code.
Ms. Morden is subject to a Detention Order with privileges up to and including community living in approved accommodation. She appeared before the Ontario Review Board (the “Board”) from St. Joseph's Healthcare Hamilton (the “hospital”) on March 25, 2025, for her annual hearing.
The Board had before it a Hospital Report dated February 24 as Exhibit 1.
In preliminary positions, all parties supported there should be a Conditional Discharge on the conditions found at page 36 of the Hospital Report. The panel ultimately agreed with at joint recommendation.

Index Offence

The circumstances of the index offences are set forth in detail in last year’s Reasons for Disposition, as follows:

“Count One and Two: Mischief Over $5000 x2 Contrary to Section 430(3) of the Criminal Code

On Tuesday, April 26th, 2022, at approx. 5:16pm the complainant, Karl KUYVENHOVEN, called 911 to report that his neighbour who is also the accused, Linda MORDEN, was banging on his front door which was located at 1467 Mountain Grove Av in the City of Burlington. The accused was yelling and not making much sense to the complainant. The complainant requested Linda leave the property multiple to which she refused. Linda then picked up a hammer with a rubber handle and metal head. Linda proceeded to smash the front door of the complainant’s residence along with a large living room window causing them both to break and cause approximately $5,000.00 in damage (Count 1). Linda then proceeded to the complainant’s parked vehicle in the driveway, a 2019 Volkswagen Tiguan bearing Ontario License CLLW 938 and proceeded to use the hammer to smash the driver’s side mirror as well as carve the words “Jesus “into the front hood and driver’s side door. Linda also caused damage to the driver’s side of the victim’s work truck. The cost of repair to the Volkswagen Tiguan, have totaled $15,000.

Count Three: Uttering Threats to Cause Death Contrary to Section 264.1(1)(a) of the Criminal Code

Count Four: Possession of a weapon for a dangerous purpose Contrary to Section 88(1) of the Criminal Code

Count Five: Assault Peace Officer with a weapon Contrary to Section 270.01 of the Criminal Code

On Tuesday, April 26th, 2022, at approx. 5:16pm the complainant, Karl KUYVENHOVEN, called 911 to report that his neighbour who is also the accused, Linda MORDEN, was banging on his front door which was located at 1467 Mountain Grove Av in the City of Burlington. The accused was yelling and not making much sense to the complainant. The complainant requested Linda leave the property multiple to which she refused. Linda then picked up a hammer with a rubber handle and metal head to commit the offences of mischief and uttering threats to cause death. Constable R. Pirillo, of the Halton Regional Police Service arrived on scene at 5:26pm. Upon arrival Linda began walking towards Constable R. Pirillo, with the metal hammer in her right hand, while raised above her head in an assaultive manner. Constable R Pirillo made multiple verbal commands Linda to drop the hammer with no effect. Linda continued to walk in a fast pace towards Constable R Pirillo with the intention to cause harm. Constable R Pirillo deployed a conductive energy weapon (CEW) which was effective in placing Linda under arrest at 5:28pm. Linda was subsequently read her notice of arrest, rights to counsel and caution to which she understood all and refused to speak with lawyer. Linda was transported to central lock-up where she was to be held for a bail hearing the following day.

Count Six: Killing or injuring an animal Contrary to Section 445(a) of the Criminal Code

On Tuesday, April 26th, 2022, at approx. 5:16pm the complainant, Karl KUYVENHOVEN, called 911 to report that his neighbour who is also the accused, Linda MORDEN, was banging on his front door which was located at 1467 Mountain Grove Av in the City of Burlington. The accused was yelling and not making much sense to the complainant. The complainant requested Linda leave the property multiple times to which she refused. Linda then picked up a hammer with a rubber handle and metal head to commit the offences of mischief under $5,000.00 x 2, uttering threats to cause death and possession of a weapon for dangerous purpose. Police arrived on scene and located Linda, who proceeded towards police to assault the arresting officer with a hammer. Linda was subsequently arrested for the aforementioned offences, as well as assault peace officer with a weapon. Linda was read her notice of arrest, rights to counsel and caution to which she indicated she understood and refused to speak with a lawyer. Shortly thereafter, police entered the cutest residence to ensure there were no other victims. Upon entry, police located the accused dog that had been bound with tape and black ligature. The dog was further noted to be stabbed and choked with a black electrical cord. Police later notified the accused of the additional charge of killing or injuring an animal. Rights to counsel and caution were provided and the accused waived her right to speak to legal counsel. The accused was held pending a bail hearing.”

Background

The Hospital Report outlines Ms. Morden’s history and background and need not be repeated here in detail as this report was entered as an Exhibit at the hearing. Briefly summarized, Ms. Morden was born in Ottawa in 1959, and she has one younger brother who lives in Toronto. At age 8, her parents separated and divorced. The children relocated to Scarborough, Ontario, while they waited for subsidized housing to become available. By the time Ms. Morden was in grade 7, the family was settled in their own apartment in Scarborough. Ms. Morden’s father remarried and settled in Timmins, Ontario. At the age of 14, Ms. Morden moved to live with her father and his wife in Timmins; however, a few months after her arrival there, her father died at age 39 from a heart attack. She returned to reside with her mother at the beginning of grade 10.
Ms. Morden did not complete her high school diploma; however, she completed her General Equivalency Diploma as an adult in the early 2000s.
Following her completion of grade 10, Ms. Morden and her younger brother began selling magazine subscriptions, travelling through Ontario. She did not return to school for grade 11. Since then, she has essentially been working full-time for several employers including, Bell Canada, Budget Car Rental (1980-2003) and Frost Products (2003-2020).
In 1987, Ms. Morden had a daughter with her partner, David Morden, whom she later married in 1989. The family lived in Burlington, Ontario. Ms. Morden’s marriage ended in 2008.
The Hospital Report indicates that Ms. Morden self-reported being a recreational marijuana user since her 30s and a daily user once cannabis was legalized in 2018. While living in Timmins, Ontario, at age 14, she briefly experimented with LSD.
In the days leading up to the index offences, Ms. Morden self-reported on-going cannabis use of approximately 2 grams throughout the day.
According to the Psychological Assessment Report (“NCR Report”) prepared by Dr. H. Moulden dated January 23, 2023, “In the years leading up to the offence, Ms. Morden was retired and living comfortably in her own home. She described volunteering, participating in a book club, and attending the symphony. She described herself as an avid gardener and enjoying physical activities such as cycling. Ms. Morden acknowledged that she had become increasingly interested in “Jesus Christ” specifically, over the last 4 to 5 years, particularly after reading the Bible. Ms. Morgan’s mother was diagnosed with Alzheimer’s disease and died in October 2020.”
In the approximately three years leading up to the index offences, Ms. Morden began to experience problems in her relationships with family members, employers, and her neighbour. She presented as more isolative and religiously preoccupied, and she became convinced that her neighbour intended her harm. She developed persecutory delusional disorder related to her neighbour who she believed was watching, following, stealing from her, and intimidating her. The report also indicates in the 1-2 days prior to the index offences, she became fixated on these beliefs and on emerging delusions, including that animals, including her own dog, were robots controlled by her neighbour.
Ms. Morden has no criminal record.

Diagnoses

Ms. Morden’s current diagnoses are:

Delusional Disorder, Persecutory type, in remission; and

Cannabis Use Disorder, in early remission in a controlled environment

Evidence at Hearing

Dr. O. Kolawole, the patient’s psychiatrist, testified. Dr. Kolawole reviewed that Ms. Morden had had a very positive year. She has made significant progress. In September of 2024, Ms. Morden was discharged into her own residence that she had purchased and paid for in full. She lives in the Bradford area, 20 minutes from her daughter and son-in-law.
Ms. Morden has done extremely well in the community. Her mental health has been stable, and she is asymptomatic. Ms. Morden has been internally driven to avoid alcohol and substances. There have been no incidents of violence or aggression. She is pleasant and friendly. She has a strong rapport with her forensic team and in the broader community. When first discharged, she was seen at least twice weekly by her case manager but that has been scaled back to once a week.
She participates in yoga, aquafit, gardening and is looking forward to volunteering.
Ms. Morden is high functioning. Her transition to community living has been seamless. Her successes in the past year are generated by internal motivation enhanced by the oversight of the Ontario Review Board system.
Ms. Morden is currently involved with Dr. Moulden in psychotherapy.
Ms. Morden has not been on any antipsychotic medication since her admission.
Both the hospital and Ms. Morden are acutely aware of what can destabilize. These factors include stressors, social isolation, major life events or substances.
There are no residual paranoid thoughts. Ms. Morden has absolutely no interest in contacting the victim.
As Ms. Morden continued to progress through the Board system, she continued to work on insight. The hospital will work with the patient's family physician. It would make sense to approach the CMHA to work with the patient.
Ms. Morden has been entrusted with her daughter's pet on occasion.
Prior to the index offences there was no psychotic history. Ms. Morden started to decline over a period of a few years. She lost her mother. She quit her job that she had held for several years. She became isolative. She resorted to substances.
The current relationship with her daughter and son-in-law is quite strong and protective.

Analysis

Ms. Morden has done very well from her initial admission through hospitalization and release. She has never been on an antipsychotic medication. There are a number of protective factors. Ms. Morden is quite prosocial. She has excellent family support. Her insight is quite advanced. She purchased her own home by herself. She is well connected with her forensic team. There has been no evidence of psychosis. She is ready to take her next step toward a Conditional Discharge. The Board wishes Ms. Morden continued success.

DATED this 28^th^ day of April 2025, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal

Alternate Chairperson

____________________________

Office of the Registrar

Ontario Review Board