Re James H. Morgan, 2025 CanLII 59114

Ontario Review Board

Re: James H. Morgan

ORB File No: 7535

Hearing held on: Thursday, June 5, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences

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

Before:

Alternate Chairperson: Ms. L. Banks

Members: Dr. T. Wilke

Dr. M. Kalia

Mr. D. D’Intino

Mr. S. Duffy

Parties Appearing:

Accused: James H. Morgan

Counsel: Ms. J. Boissonneault

Person in charge of the Hospital: Representative: Dr. K. De Freitas

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated June 19, 2025)

Introduction:

1. On April 16, 2019, Mr. Morgan was found not criminally responsible (“NCR”) on account of mental disorder (“NCR”) on charges of breach of probation x2, mischief under $5,000 (x2), assault, assault with weapon, weapons dangerous, uttering threats and assaulting a peace officer, all contrary to the Criminal Code of Canada (the “Criminal Code”).

2. Mr. Morgan is currently subject to the terms of a Disposition of the Ontario Review Board (“ORB” or “the Board”) dated June 7, 2024, pursuant to which he is detained within the Forensic Program at Ontario Shores Centre for Mental Health Sciences (“Ontario Shores”), with privileges extending up to living in the community in supervised housing in accommodation approved by the person in charge of the hospital.

3. On June 5, 2025, a panel of the Board convened at Ontario Shores in order to hold a hearing to review Mr. Morgan’s current Disposition pursuant to Section 672.81(1) of the Criminal Code. Mr. Morgan was present at the hearing with his counsel, Ms. J. Boissonneault.

4. The issues to be determined at this hearing are whether Mr. Morgan poses a significant threat to the safety of the public, and if so, the necessary and appropriate Disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.

5. For the reasons set out below, the Board unanimously finds that Mr. Morgan continues to pose a significant threat to the safety of the public and that the necessary and appropriate Disposition to manage that threat while meeting his needs is a continuation of his existing Detention Order.

Index Offences:

6. The circumstances giving rise to the index offences are extracted from last year's ORB Reasons, as follows:

" The following was obtained from the Crown Brief Synopsis:

1 & 2: Mischief Under & Breach of Probation

On November 9, 2018, the accused, Mr. James Morgan, was placed on a Probation Order with one of the terms being: Keep the peace and be of good behaviour.

On December 31, 2018 at approximately 12:55 p.m., the accused, Mr. James Morgan,

was walking in the parking lot located at 31 Young Street in the city of Kitchener.

At this time, witnesses Amanda Butcher and Matthew Dasilva observed Mr. Morgan

damage, by intentionally elbowing, the rear windshield of the victim Rong Liao’s motor

vehicle, a gray 2018 Volkswagen Golf. Mr. Morgan caused the rear window to smash.

The damage was estimated at approximately $500.

A description of Mr. Morgan was provided by Dispatch over the radio as follows: white

male with long blonde hair wearing a black jacket and purple pants.

Cst. Kamberi attended the area and observed Mr. Morgan, who fitted the description

provided by Dispatch, at the intersection of King Street West and Young Street.

Cst. Kamberi arrested Mr. Morgan at 1:16 p.m. for Mischief Under $5000 and placed

Mr. Morgan in a police cruiser. Cst. Kamberi read Mr. Morgan the Rights to Counsel at

1:18 p.m., to which he would not respond if he understood or not; however, Mr. Morgan

communicated he did not wish to contact a lawyer.

At 1:19 p.m., Cst. Kamberi read Mr. Morgan a Caution to which he understood. Mr.

Morgan was transported and lodged at Central Division. He was released on a Promise

to Appear at 3:53 p.m.

3. Mischief Under

On Saturday, February 16, 2019 at approximately 8:40 a.m., the accused, Mr. James

Morgan attended 134 Frederick Street, Kitchener, Central Division front lobby. He was

using the telephone within the lobby and when he had been unsuccessful in reaching the

party he was attempting to call, he became angry and irate. He threw the phone as he

proceeded towards the doors of the Division. He exited the first set of sliding doors and

as he approached the second set of sliding glass doors, he kicked and smashed the front

door knocking it off its track and open.

Cst. Bruce followed Mr. Morgan outside of the Division where he was arrested

approximately 200 metres away from the Division. Mr. Morgan was yelling and

screaming at that time as he walked down the street. The arrest occurred at

approximately 8:45 a.m. Mr. Morgan was walked back to the Cellblock at Central

Division where he indicated that he had defecated himself.

There was a slight delay in reading him his Rights to Counsel and Caution due to the

circumstances of being outside at the front of the Division and Mr. Morgan being

completely out of control, requiring two officers to escort him into the Cellblock area.

At 9:20 a.m., once in the Cellblock, Mr. Morgan was read his Rights to Counsel and

Cautioned. He requested to speak to his counsel Woodbeck and that opportunity was

provided immediately.

Damage to the doors of the Division estimate was unknown, but approximately $500.

Callouts had to be made for repairs. Photographs were taken by the Identification

Branch.

Mr. Morgan was attending 134 Frederick Street, Central Division front lobby over the

previous number of months; however, he was becoming increasingly difficult to deal

with, angry and demanding. He tended to make a number of requests while in the lobby

for bus tickets, sandwiches and was provided the opportunity to use the phone.

On this particular date, Mr. Morgan did not appear to be under the influence of alcohol.

It was unknown if he was under the influence of any drugs; his behaviour suggested that

he had very little control over his actions as he became very angry and irate very quickly,

yelling profanities at the officers, as well as the public.

Mr. Morgan was released on February 16, 2019, at approximately 1:16 p.m. on a

Promise to Appear for Mischief Under $5000 after he was given the opportunity to calm

down.

4-9: Assault, Assault with a Weapon, Uttering Threats, Weapons Dangerous, Assault

Peace Officer and Breach of Probation

Narrative:

This brief deals with a police investigation into intimate partner violence which occurred

at approximately 7:40 p.m. on February 18, 2019, between the victim, Catherine Kelly

and her boyfriend, James Morgan. The incident occurred in the Ray of Hope youth

support centre in the city of Kitchener.

Mr. Morgan has an extensive previous criminal record including convictions for violent

offences such as Uttering Threats, Obstruct Police, Causing a Disturbance, and breaches

of court orders including Recognizance and Probation. He has multiple past dealing

with police in regards to mental health issues, including apprehensions under the Mental

Health Act. Mr. Morgan had no registered firearms or firearms license and was not

reported to possess any firearms. He was subject to court ordered firearms and weapons

prohibitions.

Mr. Morgan and the victim, Ms. Kelly, were involved in an intimate relationship for

approximately four years. Mr. Morgan and Ms. Kelly did not reside together at the time

and had no children together.

Mr. Morgan was involved in seven previously reported domestic violence incidents with

Ms. Kelly and none with past partners. He was charged criminally in five of those

incidents with offences including Assault, Assault with a Weapon, Obstruct Police,

Assault with Intent to Resist Arrest, Utter Threats to Cause Death x3, Break and Enter,

Forcible Confinement, Possession CDSA, Possession of Break and Enter Tools,

Unlawfully in a dwelling House, and multiple breaches of Recognizance and Probation.

At the time of this arrest, he was charged in Waterloo Region and awaiting trial for two

separate occurrences of Mischief Under $5000 and FTC Probation. Halton Police also

charged him for Assaulting a Police Officer.

On September 22, 2017, Mr. Morgan was sentenced as a result of convictions for

Possession of an Offensive Weapon, Disturbing the Peace and FTC Probation.

On November 9, 2018, Mr. Morgan was sentenced as a result of convictions for Mischief

Cause Danger to Life, Assault Police x2, Assault, Utter Threats Possession of Incendiary

Material, Theft Under $5000 x2, FTC Recognizance x2, and FTC Probation with respect

to a domestic incident with Ms. Kelly. Included in the Probation Order were the terms:

Keep the peace and be of good behaviour.

There were no charges in relation to any no contact breaches as on November 16, 2018,

Ms. Kelly provided consent for Mr. Morgan to have contact with her.

Drugs were a factor in this incident.

INCIDENT:

On February 18, 2019, at 7:38 p.m., Mr. James Morgan and Ms. Catherine Kelly were at

the Ray of Hope drop-in centre. Mr. Morgan had concealed a butter knife in his pocket

and confronted her. They engaged in a verbal argument in which Mr. Morgan demanded

money owed to him. Mr. Morgan became aggressive and began to escort Ms. Kelly

outside. Instead, he grabbed Ms. Kelly and forced her into a corner. Witnesses heard

Mr. Morgan tell Ms. Kelly “I’m going to kill you.”

A staff member observed the incident and attempted to break apart the argument. Mr.

Morgan withdrew the knife from his pocket and lunged in a stabbing motion at Mr.

Duxbury’s head and neck area. Mr. Morgan fled the area on foot. Witnesses observed

Mr. Morgan lunge at Mr. Duxbury. The incident was captured on video surveillance."

Background and History:

7. Mr. Morgan’s background and personal history are set out in detail in the Hospital Report to the ORB dated April 30, 2025 (the “Hospital Report”) and need not be repeated at length here. His history was summarized in last year’s ORB Reasons which will be relied upon here as well. Mr. Morgan was born in Ontario and is the middle child in a sib-line of three. His parents separated when he was approximately nine years old. He self-reported sexually abusing his younger brother, who suffers from cognitive delays, at age nine. Mr. Morgan also reported that he was asked to leave his family home at age twelve due to his drug use.

8. At age 14 or 15, he became involved in an intimate relationship with Catherine Kelly. Over time, the couple engaged in crystal methamphetamine use together. Mr. Morgan used this substance daily. He also reported occasional use of alcohol and marijuana. Additionally, he used ecstasy and tried cocaine. Mr. Morgan quit school in Grade 11 given his drug use and mental health problems.

9. Mr. Morgan was reported to have been repeatedly physically aggressive towards Ms. Kelly and he was criminally charged and convicted as a result. Their relationship was described as volatile.

10. Mr. Morgan’s psychiatric history began in 2014, and included admissions in that, and following, years to Grand River Hospital, Centre for Addiction and Mental Health, and Trafalgar Memorial Hospital, before he was found NCR in 2019. Details of these hospital contacts and admissions are included on pages 9-13 of the Hospital Report.

11. Mr. Morgan has a criminal record which includes, among other charges, convictions for uttering threats, possession of a weapon, causing disturbance and multiple failures to comply with court orders.

Current Diagnoses:

12. According to the Hospital Report, Mr. Morgan ’s current diagnoses are as follows:

Schizophrenia;

Unspecified Personality Disorder;

Cannabis Use Disorder, moderate in sustained remission; and

Amphetamine-type Substance Use Disorder, severe, sustained in controlled environment; and

Unspecified Neurocognitive Disorder.

Positions of the Parties:

13. At the commencement of the hearing, all parties were canvassed as to their recommendations to the Board.

14. The representative for the hospital recommended that the necessary and appropriate Disposition was that Mr. Morgan be detained within the Forensic Program at Ontario Shores on the same terms as his existing Disposition.

15. Counsel for the Attorney General supported the hospital’s recommendation.

16. Ms. Boissonneault was supportive of the hospital’s recommendation and she conceded the issue of significant threat.

17. All parties maintained their joint recommendation to the Board in closing submissions.

Evidence at the Hearing:

18. The Board heard evidence from Dr. K. De Freitas to supplement the evidence contained in the Record and Exhibits. Dr. De Freitas is Mr. Morgan’s attending psychiatrist. The doctor verified the contents of the Hospital Report which highlights, among other things, the factors contributing to the treatment team’s unanimous finding of significant threat at the present time.

19. Following his last ORB hearing, Mr. Morgan continued to reside on the Forensic Community. Rehabilitation Unit (“FCRU”), a general forensic unit. He mostly remained seclusive to his room and slept much of the day. He has a private room. Mr. Morgan takes his medication without incident but frequently needed reminders or to be woken up for medication administration.

20. Mr. Morgan continues to be assessed as capable with respect to treatment decisions, and he receives daily oral doses of the antipsychotic medications, Clozapine and Olanzapine, as well as a long-acting injection (“LAI”) of an antipsychotic medication. Mr. Morgan is also treated with Naltrexone, an opiate antagonist medication that is intended to assist him from engaging in alcohol or drug use. He has disclosed that he still experiences cravings for methamphetamine but also says that he does not think he will ever use again.

21. Over the past reporting year, he remained adherent to his prescribed medications and did not present as a significant management challenge. Of note, at times, his Clozapine levels significantly decreased, likely due to the impact of his smoking.

22. Despite aggressive treatment with his prescribed medications, Dr. DeFreitas testified that Mr. Morgan continues to experience residual auditory hallucinations and delusions which, at times, are intense and distressing to him. He discloses that he hears many voices particularly a recurring voice of “Lizzie” who makes disparaging comments about him and his family. At times, he experiences hearing the voices of his ex-girlfriend (the victim of the index offences) who encourages him to use substance. To his credit, he has not reached out to her over the past reporting year. He also expressed thoughts that he believed that he was the devil and may have special powers, but did not know what these powers were.

23. Mr. Morgan denied any delusions of persecution, thought insertion, thought withdrawal, and reference. He denied any thoughts of harming himself or others.

24. Dr. De Freitas advised that Mr. Morgan’s delusional thoughts and experiences fluctuate in intensity and frequency but are generally somewhat less intense and less intrusive than has been the case in the past. To his credit, Mr. Morgan usually discloses the symptoms of his illness openly with his treatment team and he seeks out PRN medication and utilizes coping strategies such as listening to music, playing guitar, and speaking with hospital staff to manage distressing psychotic symptoms.

25. Dr. DeFreitas testified that Mr. Morgan experienced one or two “flare-ups” of his psychosis over the year in review. In particular, on January 29, 2025, he was late returning from a hospital grounds pass. When staff located him and returned him to the unit, Mr. Morgan advised that he had been hearing voices since earlier in the day telling him that staff were going to murder him but he had not disclosed this experience. He denied substance use and a urine drug screen (“UDS”) was conducted. Following this incident, Mr. Morgan’s indirectly supervised passes were put on hold but since March 10, 2025, he again was able to use indirectly supervised hospital and grounds privileges. Of note, on another later date, Mr. Morgan told his peer support worker that he thought his primary nurse was “organizing gang rapes” and he was fearful.

26. Over the year in review, Mr. Morgan also used accompanied privileges with staff as well as into the community to the Whitby Shores Plaza. He frequently accessed the community with his support workers, Behavioural Therapist and peer support worker, as well as recreational staff for leisure outings.

27. Mr. Morgan has been an active participant in a wide range of therapeutic programming and groups over the year in review. He continues to attend twice-weekly individual therapy sessions with the unit psychologist. In therapy, there has been a focus on socialization, emotional regulation, and managing residual symptoms. Since the incident in January 2025, there has been much discussion about the importance of Mr. Morgan disclosing symptoms of his illness to staff and personal supports. To his credit, he is open, well-engaged, and forthcoming about his internal experiences with his therapist and his insight into the symptoms of his mental illness is still developing. He has been successful in applying some of the coping strategies he has been learning about in these sessions.

28. Mr. Morgan has also been engaged in individual sessions with a concurrent disorders’ specialist and over time, he has developed insight into the impact of substance use on his mental health and has expressed his commitment to staying sober. He has also attended many sessions of the Concurrent Disorders Relapse Support Group and was described as an active participant.

29. The Hospital Report indicates, “He has developed an excellent working relationship with various members of the team, including the unit psychologist, and has put many of the skills that she has taught him into practice. However, his progress has been slowed by his limited cognitive abilities.”

30. Mr. Morgan and his mother completed in March 2024 Family Intervention Therapy (“FIT”), which is a 10-14-week program that promotes healthy communication, problem-solving skills, and stress management within the family context. Mr. Morgan remained in contact with his mother over the reporting year. Mr. Morgan has infrequent contact with his father through social media. He Express his paranoia but his father’s well-being at times. On November 3, 2024. He had a visit from his parents, which went well.

31. The Hospital Report indicates that, “… over the past reporting period, he has had several positive drug screens: May 9, 10, 13, June 3, 10,14, 24, July 2, 11, Sept 11, 17, 30, Oct 30, Nov 8,13,18, Feb 18. He tested positive for amphetamines on 17 occasions, and for opiates on three occasions. However, he adamantly denied substance use, and the treatment team observed no changes in his physical presentation or mental status at these times. Because we have had issues with false positive screens for amphetamines with other patients, and because during the previous reporting period he tested positive for amphetamines when he did not have any indirectly supervised passes off the unit, the treatment team questions the validity of these results.”

32. In response to question posed by a panel member, the doctor advised that she was fairly confident that all of these test results are false positives. Dr. De Freitas advised that on each occasion of a positive UDS, Mr. Morgan did not present with any changes in his mental state. Further, she advised that Mr. Morgan had extremely limited access to illicit substances as he was only utilizing staff accompanied privileges. Finally, Mr. Morgan denied substance use. In response to a question posed by a panel member, the doctor advised that positive UDS have returned from other patients who do not have indirectly supervised passes. Dr. DeFreitas acknowledged that the treatment team is somewhat stupefied by these results and there are suspicions that possibly off-brand cigarettes are contaminated. Investigations are ongoing.

33. Mr. Morgan has been on the waitlist for the Dual Diagnosis Transitional Rehabilitation Housing Program (“DD-TRHP”). This is high support housing for individuals with documented developmental disabilities. Mr. Morgan currently has Passport funding; however, he continues to remain on waitlist for the supports-intensity-scale Developmental Services Ontario (“DSO”) assessment. Dr. DeFreitas stated that this will not impact his ability to transition to the community.

34. Dr. DeFreitas reported that recently, a bed within the DD-TRHP program became available at Karis. The vacancy is in a two-bedroom home with staff on site 24/7. For the past few months, Mr. Morgan began engaging in the discharge process and he has attended at Karis home on several occasions and these visits have gone well. Unfortunately, DD-TRHP has not formally accepted Mr. Morgan at Karis. The hospital is engaged in ongoing discussions with Karis but at the present time, the discharge process has been put on “pause” for administrative reasons. Dr. DeFreitas is hopeful that the administrative issue will be resolved in the near future and the gradual process of discharging Mr. Morgan to this home will be re-commenced. She noted that the delay in his discharge is in no way attributable to MR. Morgan and he remains designated as Alternate Level of Care, indicating his readiness for discharge.

35. In response to a question posed by Ms. Boissonneault, Dr. De Freitas confirmed that over the past reporting year, Mr. Morgan has not presented with any assaultive behaviour and that he has not been physically aggressive since treatment with Clozapine in 2019.

36. According to the Hospital Report, Mr. Morgan’s most likely re-offence scenario would be likely to involve his relapse to substance use which, in turn, could lead to an exacerbation of his symptoms of psychosis. Historically, when he has been under the influence of substances in the community, Mr. Morgan has displayed poor judgement and has become unpredictably aggressive towards members of the public and police when confronted during these incidents.

37. In terms of the treatment team’s recommendation that Mr. Morgan continue to be managed under a Detention Order, Dr. De Freitas advised that the hospital requires the authority to oversee his ultimate residence in the community to ensure that it provides him with the requisite degree of support, supervision, and monitoring to safely manage his risk. Additionally, a Detention Order is required to effect a prompt admission to the hospital should Mr. Morgan experience any decompensation in his mental status while living in the community.

38. No further evidence was called by the parties.

Analysis and Conclusions:

39. The Board finds that Mr. Morgan poses a significant threat to the safety of the public. He suffers from “ultra-treatment-resistant Schizophrenia” and he continues to experience auditory hallucinations and numerous delusional beliefs. These symptoms persist despite aggressive treatment with two oral antipsychotic medications. At times, he experiences distress as a result of his psychotic symptoms. According to the expert evidence presented at the hearing, absent the ongoing oversight of the hospital and the ORB, Mr. Morgan would be at risk of becoming noncompliant with his prescribed treatment which would result in a significant increase in his psychotic symptoms. In that context, in response to paranoid delusions, auditory hallucinations, agitation and affective instability, he would be likely to engage in violent, threatening, or destructive behavior towards his ex-girlfriend or another member of the public causing serious physical and or psychological harm.

40. The panel is also mindful that Mr. Morgan has a significant history of substance use. Over the past reporting year, Mr. Morgan has had several positive UDS for opiates and amphetamines. The hospital’s evidence is that these may be false-positive test results. Dr. De Freitas based this conclusion on the fact that on every occasion of a UDS returning positive for substances of abuse, Mr. Morgan did not present with any change in his mental state. Regardless, Mr. Morgan continues to report experiencing cravings to use crystal methamphetamine and other substances of abuse. He will require close supervision and monitoring to assess his ability to remain abstinent of substances of abuse. The Board accepts that if Mr. Morgan was not under its jurisdiction, he would be likely to relapse to substance use and, over time, he would be prone to a significant deterioration in his mental status. In that state, Mr. Morgan would be at high risk of causing physical harm to members of the public.

41. Having come to the conclusion that Mr. Morgan continues to represent a significant threat to public safety, we must craft the least restrictive and least onerous, as well as the necessary and appropriate, Disposition. In light of the evidence, the panel finds that the necessary and appropriate Disposition at this juncture continues to be a Detention Order on the terms currently in place.

42. The Board finds that the hospital requires the risk management tools afforded by a Detention Order as this Disposition allows the hospital to maintain oversight into Mr. Morgan’s placement in the community as well as maintaining the ability to promptly readmit him should he experience any decompensation in his mental state for any reason, or relapse to substance use. We concur with the recommendation of the hospital that the civil commitment measures of the Mental Health Act would not adequately address Mr. Morgan’s risk profile at this juncture.

43. The panel is hopeful that the current “administrative delay” in discharging Mr. Morgan to the community will be resolved with DD-TRHP as soon as is practicable so that Mr. Morgan can continue to progress in community reintegration.

44. In coming to its conclusions, the Board has taken into consideration the safety of the public, Mr. Morgan’s mental condition and his other needs, and his ultimate reintegration into society.

DATED this 19th day of June 2025, at the City of Toronto, in the Toronto Region.

Ms. L. Banks

Alternate Chairperson

Office of the Registrar

Ontario Review Board