Re: Abigail Morton
ORB File No: 8254 Hearing held on: Monday, January 19, 2026 Place of hearing: Centre for Addiction and Mental Health Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. C. Finley Members: Dr. G. Chaimowitz Dr. L. Leong Ms. M. L. Bridger Mr. J. Cyr
Parties Appearing: Accused: Abigail Morton Counsel: Mr. T. Whillier
The person in charge of hospital: Counsel: Mr. D. Blumenkrans
Attorney General of Ontario: Counsel: Ms. R. Weinberg
REASONS FOR DISPOSITION
(Dated March 2, 2026)
Introduction
1On March 7, 2023, Abigail Morton was found unfit to stand trial on account of mental disorder on a charge of assault, contrary to the Criminal Code of Canada. She is currently subject to a disposition of the Ontario Review Board (“ORB/the Board”), dated December 30, 2024, detaining her at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH/hospital”) with discretionary privileges up to and including the ability to reside in the community in approved accommodation.
2On January 19, 2026, the Board convened a hearing to determine whether Ms. Morton remains unfit to stand trial; and if so, whether she remains a significant threat to the safety of the public; and if so, the necessary and appropriate disposition having regard to the criteria in s.672.54 of the Criminal Code. Ms. Morton was present and represented by her counsel, Mr. Whillier. Ms. Morton also was assisted by a Ga interpreter, who provided simultaneous translation throughout the hearing.
3At the outset of the proceedings, counsel for the hospital and counsel for the Ministry of the Attorney General submitted that Ms. Morton is unfit to stand trial and likely permanently unfit. Further, she remains a significant threat to the safety of the public and that the necessary and appropriate disposition is a continuation of the current detention order with the same terms and conditions. Mr. Whillier indicated that he was unable to receive instructions and therefore took no position on the issues to be determined.
Findings
4For the reasons that follow, the panel finds that Ms. Morton remains unfit to stand trial, continues to represent a significant threat to the safety of the public, and the necessary and appropriate disposition is a continuation of the current detention order.
The Evidence
5The evidence at the hearing consisted of the Hospital Report, dated January 4, 2026 (ex. 1), and the viva voce evidence of Dr. Ray, Ms. Morton’s Most Responsible Physician.
The Alleged Index Offence
6On March 2, 2023, Ms. Morton’s housing worker was at her residence to assist Ms. Morton in completing a housing application. Ms. Morton had received a notice of eviction. As the worker was cleaning Ms. Morton’s residence, she found two pairs of scissors. Ms. Morton demanded the worker give her a pair in order for her to do some self-grooming. When that request was refused, Ms. Morto became angry and significantly upset. She began banging on the kitchen door and then she used both of her hands to strike or attempt to strike the worker. Ms. Morton telephoned the police thinking that the police would assist her in obtaining her scissors.
Background Information
7The Hospital Report includes limited information on Ms. Morton’s personal history and psychiatric care. It need not be reviewed in these reasons beyond the following material points.
8Ms. Morton is a 38-year-old woman who was born in Ghana and immigrated to Canada in 2009 at the age of 22. Her parents remain in Ghana, and she has a sister who currently resides in Nunavut. Ms. Morton is supported by the Ontario Disability Support Program.
9According to her sister, Ms. Morton has had a history of significant cannabis use prior to the onset of her psychiatric issues.
10It is unclear when Ms. Morton first received treatment related to mental health issues. Records indicate that in 2013, she was brought to Etobicoke General Hospital by her worker as a result of a deterioration in her mental status in the context of medication noncompliance. She appeared to be experiencing psychotic symptoms as she was responding to internal stimuli and screaming. Her diagnosis on discharge was schizoaffective disorder.
11Ms. Morton had two admissions to hospital in 2014. On both occasions, she was experiencing psychotic symptoms such as auditory hallucinations, irritability and disorganized behaviour. Medication compliance was a concern. Her diagnosis on discharge was bipolar disorder, manic episode and possible borderline personality disorder.
12In 2016, Ms. Morton was brought to hospital by her boyfriend after being found walking in her apartment building corridors naked and showing symptoms of mania.
13According to medical records, Ms. Morton suffered a left middle cerebral artery (“MCA”) stroke in 2018. Following the event, she demonstrated significant motor weakness on the right side of her body, along with expressive aphasia. Over time, her motor weakness improved. However, her aphasia has remained prominent.
14In February 2022, Ms. Morton was involuntarily admitted to CAMH. She had been brought to the hospital by the Mobile Crisis Intervention Team of the Toronto Police. She had been found walking outside in the winter without shoes. She was noted to be significantly malodorous, hyper-sexual and delusional. She was placed on a Form 1 and found incapable of consent to treatment with antipsychotic medication. She was treated with long-acting anti-psychotic medication and eventually discharged with a Community Treatment Order. There was concern that she was unable to care for herself as her boyfriend had recently died. A referral was made for community support.
15Following her arrest, Ms. Morton was detained at the Vanier Centre for Women before being transferred to CAMH on March 22, 2023, pursuant to a Warrant of Committal. She was transferred to the Women’s General Forensic Unit on October 9, 2024.
Course Since the Last Disposition
16Ms. Morton’s current diagnosis is schizoaffective disorder. She remains incapable to consent to treatment, and her father is her Substitute Decision Maker (“SDM”).
17Over the past year, Ms. Morton has had less emotional lability and fewer behaviour outbursts relative to previous years. Despite ongoing challenges with communicating, Ms. Morton was able to use laminated picture-based tools to inform staff of her needs.
18Notwithstanding ongoing compliance with medication, Ms. Morton continues to experience psychotic symptoms, including auditory hallucinations. Changes in her medications recently were made and the treatment team is closely monitoring her mental status.
19Ms. Morton has been diagnosed with obstructive sleep apnea and a CPAP1 therapy has been prescribed. Her use of the machine has been reportedly inconsistent.
20On June 9, 2025, Ms. Morton was exercising an escorted pass in the community when she informed the staff member that she wished to return to her home in the Kipling area. She refused to return to hospital and stood at a bus stop. Additional staff support was requested. When a bus arrived, she attempted to board the bus. She only agreed to get off when she appreciated that the bus was not going in the direction that she wanted. She eventually agreed to return to hospital. All off-unit passes were temporarily suspended. When the passes were reinstated, they included a requirement that she be escorted in the community by two staff escorts.
21Ms. Morton remains on the waitlist for Acquired Brain Injury (“ABI”) housing, with particular emphasis on facilities that can provide additional supports for those experiencing aphasia. Ms. Morton requires support for medication compliance, self-care and monitoring of her mental status.
22Dr. Ray testified before the panel. She indicated that in her opinion, Ms. Morton remains unfit to stand trial. The clinical team has been unable to engage Ms. Morton in any conversation. This is due to both Ms. Morton’s stroke and related significant expressive aphasia, as well as her cognitive disorganization resulting from her schizoaffective disorder. Ms. Morton lacks the cognitive capacity to understand and process information that is being provided to her. Dr. Ray does not anticipate any change in Ms. Morton’s fitness. In her opinion, Ms. Morton is likely permanently unfit.
23In Dr. Ray’s opinion, Ms. Morton remains a significant threat to the safety of the public. Notwithstanding compliance with treatment, she continues to experience residual psychosis.
24Ms. Morton remains on a wait list for March of Dimes housing which provides support for those with acquired brain injuries. The clinical team will continue to follow up with the residence to monitor Ms. Morton’s possible admission. Unfortunately, the waitlist for this residence is significant, likely in the range of five years. The clinical team continues to seek alternative housing opportunities and Ms. Morton maintains an application on Access Find. Dr. Ray indicated that patients with a forensic status are often accelerated through the process.
25At the conclusion of the evidence, all parties maintained their initial positions.
Analysis and Conclusion
26The panel carefully considered the Hospital Report and the evidence of Dr. Ray and unanimously concludes that Ms. Morton remains unfit to stand trial and is likely permanently unfit. In R v Bharwani, 2025 SCC 26, the Supreme Court of Canada outlined the test for fitness to stand trial. An accused must be able to “make and communicate reality-based decisions in the conduct of their defence or instruct counsel to do so”.2
27Ms. Morton does not have the cognitive capacity to appreciate the nature and object of criminal proceedings or process information that is provided to her. Further, she does not have the ability to communicate meaningfully with counsel. As such, she remains unfit to stand trial.
28The panel further finds that Ms. Morton remains a significant threat to the safety of the public. She has a long history of medication non-compliance and related deterioration in her mental status. Even when compliant with medication, she continues to experience residual psychotic symptoms, including auditory hallucinations. Ms. Morton will need significant support and supervision to manage her medications and monitor her mental status.
29The necessary and appropriate disposition is a continuation of the current detention order. Ms. Morton requires significant support. The hospital requires the ability to approve Ms. Morton’s accommodation to ensure that she is in a residence that will meet her needs and manage her risk to the safety of the public.
30In arriving at our conclusion, the panel has considered the paramount factor of the safety of the public, Ms. Morton’s community integration, her mental condition, and her other needs, as required by s.672.5 of the Criminal Code.
DATED this 2nd day of March, 2026, at the City of Toronto, in the Toronto Region.
Ms. C. Finley Alternate Chairperson
__________________ Office of the Registrar Ontario Review Board