Re Linda Morden, 2026 CanLII 39774

Re: Linda Morden

ORB File No: 8256

Hearing held on: Wednesday, March 25, 2026

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. D. Sandor (via Zoom)

Members: Dr. J. Watts Dr. G. Stones Ms. M.L. Bridger Mr. A. Bouvier

Parties Appearing:

Accused: Linda Morden Counsel: Mr. R. Brooks

The person in charge of hospital: Counsel: Ms. L. Barney

Attorney General of Ontario: Counsel: Ms. C. Gzik

(Dated April 29, 2026)

Introduction

Linda Morden, now age 66, 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 Conditional Discharge with conditions. She appeared before the Ontario Review Board (the “Board”) from St. Joseph's Healthcare Hamilton (the “hospital”) on March 25, 2026, for her annual hearing.
The Alternate Chair filed the Hospital Report dated March 2, 2026 as Exhibit 1.
Asked for their preliminary position, the parties were unanimous that significant threat no longer existed and an Absolute Discharge must be granted. After hearing all of the evidence, the panel ultimately agreed with the 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 [times] 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 a 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 and Recent Background.

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 stated 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 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 has not been on any antipsychotic medication since her admission.
There are no residual paranoid thoughts. Ms. Morden has absolutely no interest in contacting the victim.
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 isolated. She resorted to substances.
The current relationship with her daughter and son-in-law is quite strong and protective.

Evidence of Dr. Kolawole:

Dr. Kolawole stated he has been Ms. Morden’s psychiatrist since July of 2023. He told Hospital counsel, Mr. Barney, that he had read the Hospital Report and he adopted its contents.
The doctor indicated Ms. Morden’s last year went very well. He referred us to page 41 of the Hospital Report and indicated her risk factors were very low. He also referred us to page 42 of the report, indicating the protective factors that he sees. He testified that she has been living independently for 18 months. She owns her own house which she bought in Brantford, in cash. She belongs to a knitting group that helps the homeless. She kayaks. She does cross-country skiing. By way of supports, she has a family doctor. She has a community psychiatrist who we later in the hearing learned has forensic experience. She is not on antipsychotic medication, nor has she been for many years. She used cannabis before the index offence. He indicated that socially her major support is her daughter and son-in-law. She has, on occasion, taken care of her daughter’s dog.
Dr. Kolawole’s evidence-in-chief was very brief. The Crown asked about the delusional disorder. and brought out that the doctor now believed that it was a substance-abuse triggered disorder. He also stated that it is not very clear that she ever had a delusional disorder, which had that been diagnosed after the offences, would have made her ineligible for an NCR if her condition was solely induced by drugs. (R v. Bouchard-Lebrun, 2011 SCC).
Mr. Brooks, her lawyer, brought out that Ms. Morden has good insight about using substances, her drug testing was quite clear except for Claritin.
A panel member referred the doctor to page 40 of the Hospital Report, and brought out that there was no mention of a drug-induced diagnosis. The member noted that it would be very surprising if it were a delusional disorder because that is not an illness that goes away. The member asked if there was any reference to a delusional disorder in the jail records. Dr. Kolowole was asked whether he knew what they were giving her in jail. Dr. Kolowole said he did not have access to the jail records. Dr. Kolowole said categorically that he believes it is a substance-induced psychosis and the member asked him why he did not put that in the Hospital Report. Dr. Kolowole indicated that he “highlighted it” but he did not put it in as a diagnosis, which was evidence which concerned the panel.
Another panel member indicated that this was the third time he had sat with Ms. Morden as a panel member. He asked about her alcohol intake, which was infrequent and occasional. Page 40 of the Hospital Report reports her cluster of activities. The member asked if anyone in the community knew about her index offences. The member asked if she was having to live kind of a secret life. Dr. Kolawole said that he felt it was personal information: her family physician knew about it and her CMHA worker knows about it, but Dr. Kolawole said he would not recommend her disclosing it to others. The member asked if keeping this secret stressful. Dr. Kolawole answered that he would not recommend disclosing it in the community. The member asked if she was in an intimate relationship. Ms. Morden herself volunteered that she was not.
Another member asked if in fact everything was induced by cannabis or were there other factors. The doctor referred to the loss of her mother but the member pointed out losing a parent is pretty common by one’s sixties, or before. The doctor stated everyone responds differently. He does not know how much she was smoking nor how much THC was in what she was smoking but he definitely believes it was substance induced. The member brought out how difficult it was that the doctor had not written his findings in the Hospital Report, which we rely on and which forms a major part of the record. He talked about “wraparound therapy” which means her friends and so on. The member asked how long she was psychotic. He said several months prior to being arrested. She has never been on antipsychotic drugs. She has a psychiatrist in the community. That psychiatrist has forensic experience. She is going to see him this Monday. There is no liaison ongoing between this hospital and Ms. Morden when she is given the absolute discharge.
Finally, a panel member asked what symptoms she should be watching for and the doctor simply said she has a good understanding of what she should be watching for. He did not elaborate about what that was.
The hospital lawyer, Ms. Barney, brought out that it was in the Hospital Report how much she had been smoking. Since 2018, she had been smoking daily.
Ms. Barney informed us that Ms. Morden was smoking two grams daily after she stopped working, which is a considerable amount.
Ms. Morden owns and paid for her own home. Socially she is very well situated in Brantford. Her insight is well-developed and she has never once tested positive for cannabis or alcohol (but she was not being tested for alcohol). The change in diagnosis from psychosis to induced by cannabis, which was not noted in the Hospital Report, was somewhat concerning for the panel, although the information made more sense given all of the circumstances. The Board is pleased she has a CMHA worker in the community. She also has a psychiatrist in the community who has forensic experience.

Submissions

In submissions, all parties submitted that there was no significant risk, and that therefore the only possible disposition was an Absolute Discharge. Mr. Brooks, on behalf of Ms. Morden, submitted that his client was ready for an Absolute Discharge, that she had done terrifically well and that we would not be seeing her back again.

Deliberations

At that point the Alternate Chair invited the parties to wait outside the boardroom while we deliberated. We discussed our concerns. We did have issues with the fact that Doctor Kolawole opined the diagnosis was not psychosis, non-specific psychosis, but rather psychosis induced by cannabis and he did not put that into the Hospital Report. However, we admired his integrity in putting the cannabis-induced diagnosis forward to the Board when his predecessors had all stayed with non-specific psychosis. Given that Dr. Kolawole knew it was likely Ms. Morden’s last appearance before the Board, it would have been easier for him to repeat what his predecessors had said, so we commend him for his forthright testimony. However, in the end, the genesis of the illness is somewhat academic because there is no significant threat now and there was only one conclusion the panel could come to: an Absolute Discharge.
We invited Ms. Morden back in and the Alternate Chair told her of our decision. She was quite emotional about it and all parties appeared very pleased.
The Board wishes Ms. Morden health and success in her future.

DATED this 29th day of April 2026, at the City of Toronto, in the Toronto Region.

Ms. M.L. Bridger Legal Member

Office of the Registrar Ontario Review Board