INTRODUCTION

[1] On April 16, 2015, Mr. Trae Worrie killed his grandfather, Samuel Campbell, and attempted to kill his grandmother, Juanita Campbell. He is charged with second degree murder and attempted murder, contrary to the Criminal Code of Canada. The first trial resulted in a hung jury. This second trial was by judge alone. Pursuant to s. 672.24 and 16(1) of the Criminal Code, Mr. Worrie has put his mental state in issue and asserts that he is not criminally responsible for his actions by reason of a mental disorder. I concluded that he failed to discharge his onus and found him guilty on both counts. These are my reasons.

ISSUES

[2] The issue is whether the defence of not guilty by reason of mental disorder is available to Mr. Worrie. In accordance with the principles set out in R. v. Swain, 1991 104 (SCC), [1991] 1 S.C.R. 933, the parties agree that this shall be a one stage trial. Thus, I must follow these three steps:

Determine whether Mr. Worrie unlawfully killed Samuel Campbell and unlawfully attempted to kill Juanita Campbell: R v David (2002), 2002 45049 (ON CA), 169 C.C.C.(3d) 165 (Ont. C.A.), at paras. 48-50 and 55-56. If the answer is yes, proceed to step 2.
Determine whether Trae Worrie is criminally responsible for taking the action described in step 1. If the answer is yes, proceed to step 3.
Determine what offence Trae Worrie committed in unlawfully killing Sam Campbell and attempting to unlawfully stab Juanita Campbell.

REVIEW OF THE EVIDENCE

1. JUANITA CAMPBELL

[3] This case warrants a detailed summary of the evidence. I will begin with Juanita Campbell. She was married to Samuel Campbell for 55 years. She and her husband are retired. They had five children; Elroy, Fiona, Gale, Antoinette and Judy. About a year and a half before the incident, her daughter Judy and her family moved into the basement of the house. Judy, her husband and daughter, Tyanna, lived in the basement and their son, Trae, lived in a bedroom on the main floor. She said that, prior to the incident, Trae Worrie had a good relationship with her and Sam Campbell. At some point, Trae went off to school in Niagara.

[4] There was a 20th birthday party for Trae which she and Sam did not attend. She said that the next morning she asked Trae how the party was. She said Trae was not very nice when he responded “what kind of party are you asking me about”? She described that Trae was sliding up and down the banister. Ms. Campbell said she called Trae’s father and asked him what was wrong with Trae. She said Trae and his father had a little argument.

[5] She said Trae Worrie went up to Mr. Campbell, gestured with a clenched fist and said “I’m going to box you.” She said Trae was swearing, using the “F word.” He was yelling as he spoke. Ms. Campbell said Trae’s father told him to stop, but Trae continued to slide up and down the banister. She described Trae’s demeanor as normal.

[6] Ms. Campbell said Trae did not listen to his father. She called Trae’s mother, Judy. Judy had gone to the dentist with Tyanna. She told Judy that Trae was not acting well and she should come and see what was wrong. Judy came home about an hour later and tried to calm Trae down. She was not successful. Sam Campbell said that they should call the police. The police were called.

[7] Trae was taken to the hospital and stayed there for three days. He refused to give his urine and blood for testing, so they had to send him home. Ms. Campbell said that when Trae came home she and Mr. Campbell did not want him upstairs with them. Trae stayed in the basement. She said Sam Campbell was living in fear of Trae.

[8] Mrs. Campbell said that on the Tuesday before the incident, she and Mr. Campbell were watching TV and Trae walked by the stairs She said her husband saw Trae with a knife in his pocket and asked him why he had the knife. She said Trae ran downstairs. Mrs. Campbell said that her husband wanted to tell Trae’s mother, Judy, what he had seen and she told him not to.

[9] She said the incident occurred on April 16, 2015. On that date, she and Mr. Campbell were in the TV room. She went to the kitchen to wash dishes. Mr. Campbell went to his office to do some work. She was on the phone with her son Elroy when she heard Mr. Campbell call “Jen.” She went to see what Mr. Campbell wanted. She described that she saw him in the family room on the floor. She told you that she called Mr. Campbell but he did not respond. She said that as she bent down to tend to him, Trae Worrie approached with a wheelchair in-hand and threw it at Mr. Campbell.

[10] Mrs. Campbell said she asked Trae Worrie what he was doing and that Mr. Worrie grabbed her on the left side of her neck and dragged her. She said she wrestled with Trae Worrie in an effort to get to the front door. She said she kept telling him everything was going to be okay. She said each time she spoke to Trae Worrie he would stab her. She said Trae Worrie stabbed her in the neck. She said she managed to get outside the house and was yelling “Oh God someone help me, my grandson is trying to kill my husband and me.” She said Trae Worrie did not speak to her during his attack.

[11] Ms. Campbell said a gentleman appeared and assisted her and that the police and ambulance later arrived. Ms. Campbell testified she was taken to the hospital where she underwent surgery. She said she was in hospital for five or more weeks. One of her children told her that Mr. Campbell had died. The next time she saw Mr. Campbell was at his funeral.

CROSS-EXAMINATION OF MRS. CAMPBELL

[12] She said that Judy and her family moved into the house about a year or two before the incident. Trae went away to school and had been there for a short time when the incident occurred. She said everything was fine before Trae’s birthday party. The next day when she asked Trae about the birthday party he was swearing and cursing. She said sometimes when she spoke to Trae he would pretend that he did not hear her. She said that Trae was like this after the party.

[13] She said that on the day Trae was sliding up and down the banister, he got into an argument and hit his mother and sister. She said it was Trae Worrie’s father who called the police and the police then took Trae to the hospital. Ms. Campbell said she did not recall Trae Worrie’s father saying that Trae was “not right in the head.”

[14] She said that she remembers telling the police that Trae was running everywhere like a madman and they came and took him away. She said Trae was behaving badly. Trae and his parents were always fighting. She tried to avoid Trae because, every time she spoke to him, he responded in a particular tone and would sometimes not answer.

[15] Mrs. Campbell said she and Mr. Campbell had a good relationship with Trae. Mr. Campbell would look for jobs with Trae. When Trae had arguments with his parents, he would go to his room, slam the door and Mrs. Campbell would speak to him like a mother. She said Trae would never answer Mr. Campbell so Mr. Campbell left him alone.

[16] Mrs. Campbell said before February or March 2015, they had no arguments with Trae. She said that Trae would walk by, she would ask him a question and he would not answer. Trae would just turn, look at her and keep going.

[17] Mrs. Campbell said everything was fine before the birthday party and that it was only after that things went south. She said that after Trae returned from the hospital, Mr. Campbell was living in fear of Trae.

[18] Mrs. Campbell described an incident after Trae returned from hospital where she was talking to her son in the family room. Mr. Campbell went to the office. Mr. Campbell had mobility issues and used his cane to get around. He never took his wheelchair out of the house. Mrs. Campbell said she heard Mr. Campbell yell “Jen” and, when she went to him, she found him lying on the floor closer to the closet. Mr. Campbell was not saying anything and was not moving. She said Mr. Campbell had a cut on his wrist. She said as she went down to see what was wrong, she saw Trae coming from the front of the house, either from the living room or the front door area. Trae had a wheelchair and threw the wheelchair at Mr. Campbell, hitting Mr. Campbell in the head. She said she asked Trae “What the hell are you doing”? She explained that she was in such a state that she does not know if Trae said anything. She said she knows that when Trae cut her, he did not say anything, although she begged him to stop.

[19] She said two days prior, Mr. Campbell had seen Trae with a knife in his pocket. Mr. Campbell wanted to tell Judy but she told him not to. She said that things were never the same between Mr. Campbell, her and Trae after the party.

2. CONSTABLE ANDREW KASTELIC

[20] Constable Kastelic is a Peel Police officer working in the forensic bureau. He explained the images depicted in Exhibit 2 are pictures from the crime scene at 1613 Stillriver Crescent in Mississauga. He described the layout of the house, as depicted in the images, as well as blood stains found in the home. These stains were found: on the concrete pathway leading to the front door, in the front hallway, on a couch in the living room, en route to the basement entrance, on the basement door handle, on the floor of a basement bedroom and on the carpeted staircase leading down into the basement. He referred to a picture of blood on the handle of a knife in the basement kitchen. He said Exhibit 2 also includes a picture of the blood-stained knife.

[21] He said that the blood stain images depict a person walking and sliding with some velocity toward the basement kitchen. The person was barefoot but wearing socks.

CROSS-EXAMINATION OF CONSTABLE KASTELIC

[22] Constable Kastelic said Mr. Campbell’s blood was not in the hallway. Mr. Campbell’s blood was only found on the couch in the living room. He said Mr. Campbell suffered his injuries on the couch. He said the blood-stained knife was in plain sight in the sink. Constable Kastelic said there was blood on the basement kitchen counter. He said he believes that the person put shoes on and left the premises. He said socks were recovered from Trae Worrie when he was arrested.

3. RYAN BUCHANAN

[23] Mr. Buchanan said that, in April 2015, he lived at 1618 Stillriver Crescent and was working from home during at that time. On April 16, 2015, he returned home at about 1 p.m., after picking up some lunch. He heard someone screaming “help, help.” He noticed that it was his neighbor from the house across the street who was screaming for help. He said that he saw a woman screaming for help and walking towards him. He walked towards her. He could see someone else running in between houses down the street to the west. He described this person as a medium-built male, about 5 feet 9 inches to 5 feet 10 inches tall with brown skin and a short-shaved head. This person had no shirt on but had light coloured jeans or pants. Mr. Buchanan could also see this person’s underwear.

[24] According to Mr. Buchanan, the male was running and not looking around. Mr. Buchanan did not see the man’s face but said the man had a white cloth or T-shirt in left his hand. Mr. Buchanan said he noticed that the female was bleeding from cuts to the side of her neck and head. He used a towel to help stop the bleeding, and called 911 to report the incident. He said the female was saying “help, help, it is my grandson” and Mr. Buchanan told the 911 operator what she was telling him. He said he stayed until the ambulance and police arrived. Mr. Buchanan estimates that he stayed for about 15 minutes. He said he did not know this female and had never seen her before. It is undisputed that the woman Mr. Buchanan helped was Juanita Campbell.

4. GUISEPPE MARK-ANTONNIO

[25] Guiseppe Mark-Antonnio said that on April 16, 2016, he was driving his truck southbound on Whitehorn Avenue when he saw a shirtless black male running quickly across the front lawns of houses. He said he was travelling slowly behind the male in order to observe him. He said the male suddenly made a quick right turn between two houses and seemed to be hiding, although Mr. Mark-Antonnio was not sure. He said he waited on location for about 15 minutes and then backtracked, at which time Mr. Mark-Antonnio noticed the person trying to hide against a garage. He said the male was wearing red pants. He glanced at the male who glanced back at him. He said he drove past the male who continued running eastbound until Mr. Mark-Antonnio lost sight of him.

5. RANA CASSAR

[26] Rana Cassar said on April 16, 2015, he saw an African-American man, thinly built with fuzzy hair, in his early twenties, running on Bristol Road. The man had his hands in his pocket and was running very fast; he did not stop to look out for traffic. Mr. Cassar could see the man was wearing red pajama pants and did not take his hands out of his pockets. Mr. Cassar saw the man’s face.

6. LILOWTIE RAMDEO

[27] Ms. Ramdeo said that at about 1:50 p.m. on April 16, 2015, she saw an African-Canadian male in his twenties wearing no shirt, sitting and washing his hands in an area where leaves and mud would collect. She explained that sometimes snow or rain water would gather in that area. She said she went into her office to check if everyone was okay. When she returned, she observed the man walking away. She then got into her car and drove away. She said this man was not walking on the sidewalk but was walking along fences close to houses.

7. MATTEO GENTILI

[28] Matteo Gentili said that on April 16, 2015, he was in his office in his residence 1478 Estes Crescent in Mississauga. His office is in the front of the house. Around 1:30-1:45 p.m. (he was not sure of the time), he saw a black man at the back of his home walking between his house and his neighbour’s house. Mr. Gentili went to the dining room and saw the man open the gate and go onto Creditview. Mr. Gentili said he went outside and the police were on the street.

[29] Mr. Gentili said he is not sure if it was the same guy, but he saw the man lying on the sidewalk and the police picked him up and put him in the police car. Mr. Gentili is sure that there was at least one police officer present.

8. CONSTABLE MICHAEL WOOD

[30] Constable Wood said that on April 16, 2015, he located a white t-shirt which appeared to be soaked with blood. The t-shirt was in front of a van parked in the driveway of 1629 Stillriver Crescent. This address is five houses to the left of 1613 Stillriver, on the same side of the road.

9. CONSTABLE MELANIE WALKER

[31] Constable Walker is a Peel Regional Police Officer. On April 16, 2015, she arrived at 1613 Stillriver Crescent at approximately 1:04 p.m. On scene, she noticed an elderly woman, soaked in blood, outside the residence holding her neck. She went inside the house and saw an elderly gentleman seated on the couch, leaning backwards. The paramedics came inside to assess the man. The elderly man was moved from the couch and placed on the floor. The paramedics performed CPR. Constable Walker said she did not observe any life in the gentleman. She said when the paramedics removed the man’s shirt, she saw a couple of lacerations on his body.

CROSS-EXAMINATION OF CONSTABLE WALKER

[32] Constable Walker said the elderly gentleman was in a seated position on the couch. She did not recall anything on top of him. She did not recall seeing his wheelchair on top of him. She said some furniture was moved so that the paramedics working on him.

10. SHAWN WEIGEL

[33] Mr. Weigel is a paramedic. On April 16, 2015, he responded to a 911 call at 1613 Stillriver Crescent, arriving at 1:10 p.m. He met a female, about 60 years old, who said she had been stabbed. He observed three stab wounds to her left cheek area. No blood was coming out of her wounds at the time and she was conscious. She informed him that her husband was inside. He applied pressure to her wounds. A second paramedic unit arrived to treat her husband. Mr. Weigel said he and his partner were on scene for 11 minutes and left the scene for the hospital at 1:21 p.m.

[34] He said the female’s condition was very serious, the highest category of seriousness. He said the female was conscious on route to the hospital and, at one point, she said she could not see. They reached the hospital at 1:27 p.m. and, at that time, her condition deteriorated. She became unresponsive and began vomiting.

CROSS-EXAMINATION OF MR. WEIGEL

[35] Mr. Weigel said that he did not assess the female’s pupil response. He said the stab wounds were serious. In fact, there were also stab wounds to the back of her neck. There six stab wounds. He had no way of determining how deep the wounds were and it was best to treat the wounds as deep wounds. He said that even with arterial damage, there are times when you will not see spraying. He did not make any explicit observations of arterial damage.

11. CONSTABLE JOE CARDI

[36] Constable Cardi is a Peel Regional Police Service officer. He said on April 16, 2015, he was tasked with finding a male who had fled the crime scene at 1613 Stillwater in Mississauga. He had a description, date of birth and the name of the male – Trae Worrie. He later received further information that the male was not wearing a shirt and was only in track pants. Officer Cardi said after searching with negative results he finally found Trae Worrie at Creditview and Britannia at about 2.05 p.m. He was just north on Creditview. Mr. Worrie did not have his shirt on.

[37] Officer Cardi said he parked his car on the side of the road and made eye contact with Mr. Worrie. It seemed that Mr. Worrie was going to run. He told Mr. Worrie that he was under arrest for murder and told him to lie down, face first. Mr. Worrie complied. He told Mr. Worrie to put his hands behind his back and Mr. Worrie complied. He asked Mr. Worrie to stand and he did. Officer Cardi said he handcuffed Mr. Worrie, brought him to his feet and took him to a police cruiser.

[38] Officer Cardi said he conducted a pat down search of Mr. Worrie. During the search he found, a cell phone, a cell phone charger, a wallet and $4.50 in change in the man’s pocket. Officer Cardi opened the wallet and there was an I.D. bearing the name Trae Worrie.

[39] Officer Cardi he read Mr. Worrie his rights to counsel and caution directly from his notebook: Officer Cardi reported this conversation with Mr. Worrie:

The first thing I read to him, I go, “I'm arresting you for murder.” And the male advised he understood. My second was I said, “You” – “You have the right to retain and respect” – “instruct counsel without delay.” He responds, “What does this mean?” I tell him, “You can talk to any lawyer you wish without delay.” He replied, “My uncle is a lawyer. I want to call him.” So then I read him, “You have the right to telephone any lawyer you wish.” He replied, “My uncle.” Then I read, “You also have the right to free advice from a Legal Aid lawyer.” He writes[sic], “I’m okay.” Then I wrote – then I read,

If you are charged with an offence you may apply to the Ontario Legal Aid Plan for legal assistance. 1-800-265-0451 is a toll free number that will put you in contact with a Legal Aid duty counsel lawyer for free legal advice right now.

He doesn't say a word. Then I say, “Do you understand?” He says, “Yes, just want my uncle.” “Do you wish to call a lawyer now?” “I don't want a lawyer, just my uncle, he is a lawyer. At that time then I read the caution to the charged person, which is again just located in my notebook right over here. I read,

You are charged with murder. Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so, but whatever you say will give in evidence. Do you understand?

Mr. Worrie said he understood and just wants to say he is telepathic and can send his thoughts to other people. Then I read the secondary caution to a charged person. Again, it’s located in my notebook.

If you have spoken to any police officer or to anyone with authority or if any such person has spoken to you in connection with this case, I want it clearly understood that I do not want it to influence you in making a statement. Do you understand?

Mr. Worrie advised he didn’t speak to anybody, he told me nobody.

[40] Officer Cardi said that at 2:33 p.m., he left the scene and took Mr. Worrie to 11 Division, which is on Erin Mills Parkway and Dundas. He said that he and Mr. Worrie had a brief conversation on route. Mr. Worrie said he could put thoughts in Officer Cardi’s head. He said Mr. Worrie advised that he put a barbecue hot dog in Officer Cardi’s head and one day he and Officer Cardi will have a hot dog and a drink together. Officer Cardi said he placed Mr. Worrie in the cells when they arrived at the station and later escorted him to the bathroom. This was the extent of his contact with Mr. Worrie.

[41] Officer Cardi said that when dealing with Mr. Worrie, he felt that Mr. Worrie understood what was being said to him. Mr. Worrie obeyed all his commands. Other than the comment about telepathy, Officer Cardi did not notice anything unusual about Mr. Worrie. Office Cardi identified Mr. Worrie in a photograph filed as Exhibit 9.

CROSS-EXAMINATION OF OFFICER CARDI

[42] Office Cardi said he has worked in the Criminal Investigation Bureau. He was a member of the COAST team, which is the Mental Health Unit for a brief period of time. It was an intensive three week training program on how to react to or deal with people that may have mental health problems, which included some subtle signs of mental illness.

[43] Officer Cardi said it was different arresting Mr. Worrie for murder and attempted murder. It was his first murder arrest and Mr. Worrie told him that he was a telepath. He had never had anyone say that to him. He said he cannot make the call as to whether Mr. Worrie has a mental illness or not.

RE-EXAMINATION OF OFFICER CARDI

[44] Officer Cardi explained that he was one of the original members of the COAST team; a mental health team comprised of a mental health nurse or social worker, a police officer and, on rare occasions, a doctor. He said as part of his experience, he has come across people having hallucinations many times. He said Mr. Worrie was very compliant.

12. BEATA TURCZAK

[45] Officer Turczak is a Peel Regional Police Service Officer. She works with the Technical Crimes Unit. She reviewed the cell phone seized from Mr. Worrie. She took photographs of the text messages and the call log history on the phone.

[46] Officer Turczak said Mr. Worrie’s phone showed contact with City Link Sauga at 10:37 p.m., on April 16, 2015. By that time, however, Mr. Worrie was already in police custody. She also noted the following:

There is an incoming call to his phone from a contact listed as “mom” at 2:35 p.m.;
an incoming call from “Charga” at 1:49 p.m. that lasts for 17 seconds and outgoing call to “Charga” at 1:52 p.m. that lasts for 25 seconds;
a call to “David Le” at 1:49 p.m. for zero seconds;
an outgoing call to “Brendan Tran” at 1:48 p.m. for zero seconds;
a call to "Jason McKinley” for zero seconds;
an outgoing call to “Nitan Sharma” at 1.45 p.m. for 19 seconds;
a call to “Brock Taxi” at 1:45 p.m. for one second;
a call to “Jashan pal” at 1:30 p.m. for 12 seconds;
a call to “Harsh Pal” at 1:20 p.m.;
an outgoing call to “Harsh Pal” at 1:20 p.m., and at 1.17 p.m., there is another call to Harsh Pal at 1:19 p.m. There is outgoing call at 1:18 p.m.; and a missed call at 1:19 p.m.

[47] There is a text message from Nitan Sharma that said, “Yo it’s Nitan. I don’t Text Plus anymore. It’s on my iPod What’s Gucci, my bad.” At 2:54 p.m., he received a text from “mom”: “Hi, its urgent. Call me back. Why have a phone? I need to reach you?”; there is an incoming text from Tyanna Worrie: “Yo” on April 16; a text from Nitan’s iPod - “Hey you there message me asap” also on April 16. A message from Mr. Worrie to Harsh Pal at 2:02 p.m. on April 16, 2015, “Hey, Harsh, you have your car on you”?

[48] Officer Beata Turczak said the rest of the messages on M. Worrie’s phone were: “dad” on April 15, 2015, (the night before the incident) and the thread starts with an incoming text, “Hi, Trae, what’s up”? The outgoing text from Mr. Worrie’s phone says, “Cooling. Where my ice cream at? How about you?” Incoming text, “In the car waiting for Tyanna. Didn’t get ice cream yet.” Outgoing text, “Sounds cool. How was work?” Incoming text, “Stressful day.” “Stressful as usual. What did you do today?” The next slide, outgoing text, “Enjoyed the weather and played some games.” Incoming text, “Okay, cool. Did mom text you?” Outgoing text, “Yeah, my phone was off charging. I just turned it on.” Incoming text, “Okay, cool.” Outgoing text, “Double scoop that for me.”

CROSS-EXAMINATION OF OFFICER TURCZAK

[49] Officer Turczak said if text messages had been deleted from Mr. Worrie’s phone, she would not see them. She said the text to Brock Taxi was to Brock Taxi with a St. Catharines address. She did not check to see if it was, in fact, a St. Catharines taxi, that is a job for the case investigators. She said she conducted her analysis of the phone on May 5, 2015.

[50] Office Turczak said text messages sent out are time-stamped by the phone. In coming text messages are time-stamped by the cellular company. She said you cannot confirm on the phone that the incoming tests were stamped by the network.

13. HARSH PAL

[51] Mr. Pal said that Mr. Worrie is his best friend. They met in Grade 3 or 4. He said that Mr. Worrie began dating Josie Ann in Grade 11, and that the two of them fought. He said he told Mr. Worrie that the latter could do better. He said Mr. Worrie stopped talking to him about Josie Ann after that. He said he knows Mr. Worrie and Josie Ann broke up but he does not know when this occurred. He said Mr. Worrie was upset for more than two weeks.

[52] Mr. Pal said Mr. Worrie was initially opposed to smoking marihuana but, in Grade 10, he saw Trae and his friend high. Mr. Pal said he does not smoke marihuana. He said eventually Trae was smoking every day. Mr. Pal said there was nothing unusual prior to Mr. Worrie going away to college. He said that when Trae was away at College they hardly spoke because Trae was in Niagara.

[53] He said that Trae came to visit once and Mr. Pal picked him up at a plaza. Mr. Pal said they went to play video games at Mr. Pal’s house. He described Trae as quiet and laughing to himself. When he asked what was wrong, Trae said nothing. He said Trae did not smoke marihuana in front of him. He said when he and Trae hung out, Trae would smoke marihuana with his friends. He also said sometimes he and Trae would play basketball with friends.

[54] Mr. Pal said there was a birthday party for Trae. Trae’s mother asked that they go and pick up Trae. It was to be a surprise party. He and Nitan went to pick Trae up from Niagara, but Trae kept them waiting and they were late for the party. He described Trae’s basement apartment as smelling of marihuana. He said Trae was normal that day. He did not recall Trae drinking alcohol before the party but that Trae drank alcohol at the party.

[55] Mr. Pal said he went to visit Trae in hospital after Trae’s altercation with his parents. Mr. Pal greeted them with his hand cupped in the form of making a prayer. Trae told him that Trae called him and knew he would come. Mr. Pal said he had not received a phone call from Trae and it seemed that Trae had called Mr. Pal’s old telephone number.

[56] He said Trae was acting normal. Trae told him that the doctors recommended that he stay, but he wanted to go. Mr. Pal said he signed Trae out and took him to the Pal residence where they chilled all day. They also went to Burger King. Trae did not want to speak to his parents but was otherwise acting in a normal fashion. This was on February 24, 2015. The hospital release document is Exhibit 11.

[57] Mr. Pal said that Trae was supposed to stay with Nitan but Nitan would not let Trae smoke marihuana at his house. Trae wanted to smoke, so he stayed at Mr. Pal’s house and smoked with Mr. Pal’s brother. Mr. Pal said Trae stayed with him off and on for two weeks. One day, Trae’s behaviour freaked his brother out. He told Trae that he had family coming over and that Trae had to leave.

[58] He spoke about an incident at Subway where Trae had requested three cucumbers. More than three cucumbers were put in the sandwich and Trae made them make him a whole new sandwich. He said he dropped Trae off at his friend Brendan’s house and did not see Trae for a while after that. The next time he saw Trae was when Trae came to his house to play poker. He said he would call Trae up to three times before Trae would respond.

[59] Mr. Pal said he and Nitan tried to take Trae home to his parents. Trae did not want to go and this caused an argument between Trae and Nitan. Trae punched Nitan and was going to hit him a second time but caught himself. Trae’s arm was shaking. They took Trae to his parents’ house. Mr. Pal said the Sunday before the incident, he played basketball with Trae and some friends at the David Suzuki high school. He described Trae as quiet during the game and was not talking to anyone.

[60] Mr. Pal said Trae’s behaviour was normal before he went to college. When Trae returned from college, Mr. Pal noticed abnormal behavior. Trae laughed at himself when they played video games and, on one occasion, Trae said a dog had touched his pizza and he threw the pizza away. Mr. Pal said a dog had not touched Trae’s pizza. Mr. Pal also recounted that: Mr. Worrie once made a subway attendant remake a sandwich because of a dispute about cucumber; he had to call Trae three times on one occasion while they played video games to get his attention; on another occasion while playing video games, Trae went to the washroom for a long time and Mr. Pal observed Trae wiping his lips in an unusual way.

[61] Mr. Pal said, on the day of the incident, he missed a call from Trae. Mr. Pal said he was in his car at the time. He said he tried to call Trae back but was unsuccessful. He said he called Trae back but Trae did not answer. He said the calls, listed in Exhibit 10, are calls to his old phone number and his current phone number. He said Charga, David Lee, Brandan Tran, Nitan Sharma are all mutual friends. Jashan Pal is Mr. Pal’s brother, and he said he does not know David McKinley. He said he has seen Trae a couple of times since the incident and Trae is still his friend.

CROSS-EXAMINATION OF HARSH PAL

[62] Mr. Pal said, before Trae went to college, he was one of the funniest and nicest guys. Mr. Pal said he and Trae hardly talked when Trae was in college but spoke about twice a week after Trae returned. He said Trae was different after college and described behaviours such as: Trae chuckling to himself for no reason; withdrawn from people; the Subway cucumber incident and an instance where Trae was overly polite when he came over – an unusual characteristic for Trae. He said, eventually, he thought Trae was suffering from Schizophrenia. Mr. Pal said Trae was acting weird but insisted he was fine.

[63] Mr. Pal signed Trae out of hospital even though the doctors wanted Trae to stay because Trae told Mr. Pal he was fine. Mr. Pal said no doctor told him they wanted Trae to stay. He said that he had never seen Trae hit Nitan before. He said that, once in Grade 11, Trae wanted to apologize because he got into a fight with someone.

[64] Mr. Pal said that Trae never told him that he was telepathic. He never went to a concert with Trae in October 2014; he never saw Trae talk to something or someone that was not there and he never saw Trae standing and looking at himself in a mirror. He said Trae made a couple of songs, which are on YouTube. Trae never told him that he was under the tutelage of Drake and never mentioned Stephen Harper, Justin Trudeau or Lucifer.

14. KATE WHITING

[65] Ms. Whiting said she is a social worker at Credit Valley Hospital. She works with patients with mental health or substance abuse issues. On February 21, 2015, she saw Trae Worrie. She knew the police brought him to the hospital. She said the triage nurse had recorded that Trae was exhibiting some bizarre and abnormal behavior. She spoke to the police and knew that he had assaulted his mother and sister. Trae was agitated when he arrived. She was aware that there were mental health and substance abuse concerns. She did not speak to Trae’s parents.

[66] Ms. Whiting said she had no recollection of meeting Trae Worrie as she has seen several patients since. She recalled, however, she was working with Dr. Taylor at the time, and that Trae was alone when Ms. Whiting saw him. She described Trae as quiet and calm. He often could not answer questions. He would request to have some questions repeated. His answers were short and he would simply stare at her.

[67] Ms. Whiting said Trae told her that: he was a student living in Niagara; he had failed his courses and would not be returning to school; he had roommates; he smoked a lot of marihuana; he was in Mississauga for a family birthday party; he had three years of daily marihuana use and that he had no history of mental illness or addiction issues. Ms. Whiting said she knew Mr. Worrie had never been to hospital before.

[68] Ms. Whiting said she asked Trae what happened. Trae told her that he went to the birthday party at a hall, smoked marihuana but did not drink to excess. He then went home to bed and woke up in the morning. He said his grandmother and grandfather were present. She said Trae told her that his family thought his marihuana use was having a negative impact on him and wanted him to get help. He did not want to. He said when his mother arrived home, he got frustrated and punched her and his sister.

[69] Ms. Whiting said a Form 1 can be issued by the physician or psychiatrist. A Form 1 is issued when it is determined that a person is a risk to themselves or others. A Form 1 allows the patient to be held in hospital for 72 hours for treatment. A psychiatrist has the option to issue a Form 3 if a longer period of treatment was warranted.

[70] Ms. Whiting said Trae did not appear delusional; he denied hearing voices and denied hallucinating or being paranoid. Ms. Whiting said Trae told her that he was sometimes depressed, his mood went up and down and, sometimes, he wanted to take his own life but had no plans to do it. He said he did not have substance abuse problems or any mental health issues and he did not see the need to be in hospital. He said he was failing college but had not told his parents yet and he said he believes his marihuana use contributed to his failing. He said he smoked several times daily over several years, and he said he had thought of hurting others but he did not elaborate.

[71] Ms. Whiting described “thought blocking” as when a person is hearing voices but does not want you to know. She said she believed Trae was thought blocking. She said Trae Worrie refused to give a blood or urine sample, so they could not determine whether he had drugs in his body. She said that she recommended that a Form 1 be issued for Trae Worrie.

CROSS-EXAMINATION OF KATE WHITING

[72] Ms. Whiting said she has no recollection of Trae, at all, and she is relying on her notes. She said she was aware that when the police went to the scene, Trae was pacing outside and was not wearing any shoes. She said that the police noted that Trae had difficulty getting dressed but he was compliant.

[73] She described Trae as having a vacant facial expression. She described him as nervous and tense; on edge, with a poor insight into his addiction and mental health issues. Ms. Whiting said she signed off on her notes of Trae and assumed it was sent off electronically to Trae’s family physician.

RE-EXAMINATION OF KATE WHITING

[74] Ms. Whiting said her notes are prepared to convey information to colleagues on patients, so that when a patient returns, a colleague will know the patient’s history.

15. CARMEN ACKERMAN

[75] Ms. Ackerman is a registered nurse at Maplehurst Correctional Institute. She said that on April 17, 2015, she saw Trae Worrie. She made notes of this encounter, which stated that Trae Worrie arrived at 2:45 p.m.

[76] She said Trae told her he was on medication to treat the flu but he denied being on any anti-psychotic medication. He denied having hallucinations and said he did not hear voices.

[77] Ms. Ackerman said Trae Worrie maintained good eye contact and would look away and smile to himself. Ms. Ackerman said she put Trae Worrie on a high risk psychiatric watch based on the nature of his charges. He was also placed on a suicide watch. She made an automatic referral to a psychiatrist.

CROSS-EXAMINATION OF CARMEN ACKERMAN

[78] Ms. Ackerman said she processes hundreds of people a year and has no independent recollection of dealing with Trae Worrie. Ms. Ackerman relied on what she wrote down about Mr. Worrie. She said what struck her was that he looked away, smiled and answered “no” when asked if he heard voices. She said she reported this to the psychiatrist.

VARIOUS PSYCHIATRISTS MR. WORRIE HAS SEEN

[79] The parties agree that Mr. Worrie saw four psychiatrists during this time: Dr. Philips, Dr. Voruganti, Dr. Glancy and Dr. Rehaluk.

Dr. Philips – February 21, 2015.

[80] On February 21, 2015, Dr. Nabil Philips assessed Mr. Worrie at the request of the emergency room physician, Dr. Taylor.

[81] Dr. Philips noted that Mr. Worrie appeared to be a somewhat vague and “poor historian.” He also appeared to respond to some internal signals and, possibly, to auditory hallucinations.

[82] Dr. Philips was told by Mr. Worrie’s parents that there was a gradual deterioration in his level of functioning over the course of the preceding few months. His parents reported that he had dropped out of school a few months previously and started slashing or cutting his forearms, superficially. He also began to isolate himself and was noticed acting bizarrely and responding inappropriately to internal signals. Dr. Philips was further told that Trae had become violent with his parents on the day of the allegations, which caused them to call the police.

[83] Dr. Philips was told by Mr. Worrie that he had no previous history of mental illness. Mr. Worrie did admit that he had been using marihuana continuously since the age of 16 or 17 and that he had taken other drugs in the past, but none recently. Mr. Worrie appeared, to Dr. Philips, to be guarded and refused urine or blood testing. Mr. Worrie told Dr. Philips that he was living in Niagara while he was attending university. He was receiving OSAP funds but the funds had been cut since he dropped out of school. On further questioning, he had no clear plan of what to do. He said he had returned home to be with this parents and sister, however, he also said he was going to visit them for one day and was planning to return to Niagara. When asked by Dr. Philips about his funds, his answer was quite vague. He answered after a pause, as if he was responding to an external signal, “I guess I have to find a job.”

[84] Dr. Philips noted that Mr. Worrie seemed to be paranoid upon questioning. His eyes wandered and his thoughts were tangential.

[85] On mental status examination, Mr. Worrie appeared alert and oriented in all spheres. His affect was blunt and blurred. His mood appeared to be guarded and paranoid. His speech was nonspontaneous. His thoughts were tangential. His higher cortical functions could not be adequately assessed. His “insight wand judgment” appeared to be impaired.

[86] Dr. Philips made a provisional diagnosis. He ruled out drug-induced psychosis and schizophrenia – chronic paranoid type. This was not a firm diagnosis but rather, and as the language suggests, provisional. Each provisional diagnosis was to be further investigated. Dr. Philips ordered Mr. Worrie to be held in hospital on the Form 1. He indicated that observation and further assessment might be required. Medication was provided to address possible agitation and restlessness in Mr. Worrie. Dr. Philips ordered blood and urine tests to verify any substance that could explain or provide further information about his mental state. Mr. Worrie, however, never consented to blood and urine samples, and therefore, none were obtained before he was released on February 23rd by another Psychiatrist, Dr. O’Riordan, against medical advice.

[87] Multi-Disciplinary Notes were filed as Exhibit 13 and contain medical practitioner observations of Mr. Worrie while he was held under the Form 1.

Dr. Voruganti – April 20, 2015

[88] Dr. Voruganti, saw Mr. Worrie at Maplehurst Correctional Facility on April 20, 2015, three days after his admission to hospital. Mr. Worrie reported a history of cannabis abuse. It was noted that Mr. Worrie spoke fast, was overly polite and at times smiled inappropriately. An incipient psychosis was questioned.

Dr. Glancy – April 21, 2015

[89] Dr. Graham Glancy assessed Mr. Worrie on April 21, 2015 for a brief suicide assessment. No clear psychosis was identified.

Dr. Glancy – April 24, 2015

[90] Dr. Glancy saw Mr. Worrie again, three days later on April 24, 2015. Mr. Worrie was vague and stated, “I spoke to God.” Mr. Worrie refused medication.

Dr. Rehaluk – May 12, 2015

[91] Dr. R. Rehaluk saw Mr. Worrie on May 12, 2015, a few weeks after he was first seen by Dr. Gojer. No auditory hallucinations and no true paranoid thoughts were noted. Dr. Rehaluk diagnosed him with an adjustment disorder and ruled out depression. Dr. Rehaluk prescribed 15 mg of Remeron, to be taken at bedtime for four nights, to be increased to 30 mg at bedtime. Rameron is an anti-depressant. Dr. Rehaluk also prescribed 10 mg of Buspar, an anti-anxiety medication, to be taken in the morning. Neither of the drugs prescribed are anti-psychotics.

16. DR. SHIRAZ SHARIFF

[92] Dr. Shariff said he has been Trae’s doctor since birth and has been practicing for over 30 years. He saw Trae as a patient on February 17, 2015. Trae was complaining of a two-day old cough but he had no diarrhea, vomiting, nausea or rash.

[93] Trae told him that he smoked marihuana. During his examination, Dr. Shariff said there were no problems with Trae’s ear, nose or throat system. His chest was clear, although Trae had a history of asthma. There was bacterial exacerbation of his asthma, so Dr. Shariff prescribed some antibiotics and referred Trae to marihuana addiction treatment services. He recommended that Trae stop smoking marihuana.

[94] Dr. Shariff testified that the next visit was on April 10, 2015. He said at this visit, Trae complained that there were lesions on his penis and that he had concerns about crabs. He also stated that he had a four-day old cough and had difficulty sleeping. Trae told him that he was stressed out because he left school early and was depressed. Dr. Shariff said Trae requested a prescription for medical marihuana. Dr. Shariff refused to give him the prescription.

[95] Dr. Shariff said Trae was pleasant, cooperative and appropriately dressed. He also acted his age, had good eye contact and was able to care for himself. Dr. Shariff said he found Trae’s mood to be sad and his affect was flat. He did not express any emotions appropriate to the conversation.

[96] Dr. Shariff said that Trae reported to have no delusions, hallucinations, suicidal ideations or thoughts of wanting to kill other people. Dr. Shariff said he prescribed Risperdal for the depression but did not prescribe any further antibiotics because he had previously prescribed them. He said he asked Trae to return to see him in two weeks.

[97] Dr. Shariff said on May 13, 2015, he received a report from Credit Valley Hospital indicating that Trae had been hospitalized.

CROSS-EXAMINATION OF DR. SHIRAZ SHARIFF

[98] Dr. Shariff said his February 17, 2015, meeting with Trae lasted 5 to 10 minutes. Trae said he was coughing and was smoking weed. He said he referred Trae to some addiction treatment services. He said that prior to the February 17, 2015 meeting, he saw Trae on August 11, 2014, when Trae complained of knee pain. He diagnosed it as knee strain and ordered x-rays.

[99] He said he then saw Trae on April 10, 2015. Trae complained of crabs in his pubic area and lesion on his penis and a four-day cough. He said he conducted a mental health assessment and diagnosed depression. Trae had a flat affect. He said he gave Trae Risperdal without referring him to a psychiatrist. He said this drug is also prescribed to people with psychotic episodes. He said he examined Trae for 30 minutes.

[100] Dr. Shariff said that even though the report from Credit Valley Hospital was mailed out to him on March 16, 2015, he actually received the document on May 13, 2015. His receptionist had date-stamped the document as May 13, 2015.

[101] Dr. Shariff said that, in hindsight, if he had received the report prior to Trae’s April 2015 visit, he would have inquired as to whether the hospital had followed about Trae’s status since he had been placed on a Form 1.

[102] Dr. Shariff said that, when he examined Trae on April 10, 2015, he noted that Trae had normal speech, denied delusions and had no hallucinations.

RE-EXAMINATION OF DR. SHIRAZ SHARIFF

[103] Dr. Shariff said when his office receives mail, the date of receipt is stamped on the document.

DEFENCE EVIDENCE

17. DR. WILLIAM JOSEPH KOMER

[104] The defence tendered Dr. Komer as a forensic psychiatrist to offer his expert opinion as to whether Mr. Worrie is not criminally responsible because Mr. Worrie was suffering from a major mental illness at the time he committed the offences.

[105] Dr. Komer testified that he met with Trae Worrie at Waypoint in Penetanguishene, to conduct a court-ordered assessment of Mr. Worrie’s degree of criminal responsibility. He said he was not appointed by either the crown or defence but was ordered by the court.

[106] He said Trae was admitted to Waypoint on May 21, 2015. Dr. Komer said he saw Trae upon admission and that Trae showed symptoms of a major mental illness. On September 3, 2015, Dr. Komer concluded that Trae Worrie was not criminally responsible for the offences.

[107] Dr. Komer said he met Trae a total of 19 times. He described that, in the first two months, Trae was cooperative in answering his questions. Dr. Komer reported that Trae’s answers were also coherent and relevant to the questions posed, although Trae tended to speak quickly. Over time, Trae became less cooperative, even irritable, and at times refused to speak. His responses became disjointed and his mental state deteriorated. He became quite scattered in his thinking. Dr. Komer stated that he became concerned about Trae’s fitness to stand trial, at that point – i.e. Dr. Komer was concerned about whether Trae could communicate with counsel or understand the nature and object of trial proceedings.

[108] Dr. Komer said that, in conducting his assessment, he spoke to Waypoint staff who had contact with Mr. Worrie. He also reviewed: the Crown brief, police interviews, psychosocial assessment by social workers, an intake and spiritual assessment, a psychological assessment completed by Dr. Green, some blood tests, records provided by Trae Worrie’s family doctor (Dr. Shariff), records from Maplehurst Correctional Complex, a letter from Dr. Gojer to Mr. Moon and information provided by Trae Worrie’s parents.

[109] Dr. Komer said his initial assessment was that Mr. Worrie had schizophrenia and possibly cannabis induced psychosis. Dr. Komer said he could not say with 100 percent certainty that Trae did not have access to cannabis at Waypoint. He said he knows that subsequent to the assessment Trae used cannabis at Waypoint on two occasions. He said it is unlikely, but possible, that Trae may have used cannabis during the assessment. He said there was no evidence that Trae used cannabis at all during the assessment.

[110] Dr. Komer said, during the first two months of admission, Trae was able to communicate fairly. Toward the latter part of August and early September, however, his mental state had clearly deteriorated. Dr. Komer said, in his opinion, Mr. Worrie has a major mental illness.

[111] Dr. Komer said the heading “Initial comments about index offences” in his report refers to comments that Mr. Worrie made to him on admission:

Mr. Worrie said that Jesus had to do with his case. He said he had to kill his family including his grandparents and go to a different place and kill. He said Jesus told him to go forth and do it and kill his grandparents to escape the incubator. He spoke of his offence involving a merciful killing. While speaking of this, he said he apologized to Jesus telepathically, and stated [that I got in quotations] “he can hear me,” [end of quotations.] He said he wanted to apologize to Jesus because it sounds terrible about Jesus telling him to kill his grandparents. He said he prayed to Jesus for freedom from the incubator and then Jesus told him to kill his grandparents and family. He said Jesus told him this, [quote] “spiritually,” [end of quotes] and he hears Jesus like hearing the incubator. He spoke of Jesus’ voice being projected in his head. He then smiled again and said that Jesus talked to him and told him to apologize for speaking about him. I questioned Mr. Worrie if he felt his actions were good or bad. He said he wanted freedom from the incubator which talked to him on a daily basis. He said the government, family and friends could be heard through the incubator. He stated [and this is a quote] “I thought it was something good,” [end of quote] because Jesus gave him approval to do it. He said at the time he did not think about being charged. He said he hopes to be acquitted, have his charges cleared and be set free. Mr. Worrie said that Jesus told him to go forth. He also said the government told him to kill his family through the incubator. He said he needed to listen in order to be free from the incubator.

[112] Dr. Komer explained that “malingering” refers to someone who is trying to feign or fake a mental illness for secondary gain, such as trying to avoid legal responsibility. He said that, in his expert opinion, Trae Worrie was not malingering or feigning symptoms. Dr. Komer said thought disorder is very difficult to fake. He explained that thought disorder is when a person gives scattered irrelevant responses and is incoherent.

[113] Dr. Komer said there is evidence that Trae Worrie was not malingering. Dr. Komer pointed to the following: months before the incident, Trae was observed behaving abnormally by family and friends; he was taken to a hospital and committed for treatment on a Form 1 under the Ontario Mental Health Act; he saw his family physician who prescribed anti-psychotic medication; that there is a history of abnormal behavior documented by family and friends; Trae’s parents were sleeping outside his bedroom at night because they were concerned about him; his family had been trying to get help him for his problem; he had a good relationship with his grandfather and no reason to want to kill his grandfather; that it requires a great deal of sophistication to concoct all of the symptoms prior to the incident; that Trae did not agree he had a mental illness; that Trae said he did not need or want treatment; that Trae does not understand that he has a mental illness; that he did not tell Dr. Komer that he had a mental illness; that he said he did not have hallucinations; that he did not try to portray that he was hearing voices; when he was admitted to Maplehurst, he said he did not have a psychiatric history; he said he did not have a mental illness; family, friends, and medical professionals who have observed him say he has a mental illness; hospital staff noted that sometimes he would talk and laugh at himself; Dr. Komer said the odds of Trae Worrie malingering is astronomically low.

[114] Dr. Komer said, at some point, Trae refused to take medication because he said he was not mentally ill. Dr. Komer said a treatment regime was put in place for Trae. It began when the court made a provisional determination that he was unfit to stand trial and he was ordered by the court to begin a 60-day treatment regime to get him fit for trial. Medication was administered to him during that time. Trae Worrie remained unfit after 60 days. In January 2016, Trae Worrie appeared before the Ontario Review Board (“ORB”) and Dr. Komer said he gave the opinion that Mr. Worrie was fit to stand trial and the Board agreed. He said Trae Worrie was returned to Waypoint on a Treatment Order to keep him fit for the duration of the trial. He has been at Waypoint for three years under a medication regime for anti-psychotics.

[115] Dr. Komer said Mr. Worrie is fit for trial, but still reports that he is under the influence of the incubator. Dr. Komer said he has diagnosed Trae with schizoaffective disorder. This is a major mental illness. He said individuals with this diagnosis experience psychotic symptoms, hallucinations, delusions, and disorganized thinking.

[116] Dr. Komer said, at the time Mr. Worrie committed these offences, it is his opinion that Mr. Worrie’s mental illness affected his knowledge of the wrongfulness of his actions. It affected his ability to perceive things rationally and make a rational choice about the wrongfulness of his actions. He explained that Mr. Worrie was incapable of knowing that his actions were wrong according to the moral standards of society. Mr. Worrie believed that the government told him to kill his grandfather, his grandmother, other family members and friends. He was to kill them in order to be free of the incubator. He said Mr. Worrie believed the government was telling him to do this.

[117] He said Mr. Worrie talked about praying to God and getting direction. He said God told him to do what he did. He said he would have still done it, even if a police officer was present. He said Mr. Worrie told him that he believed that other members of society would understand why he did what he did.

[118] Dr. Komer said that, in Mr. Worrie’s own mind, he thinks others would accept what he had done. He said Mr. Worrie repeatedly stated that God, Jesus, Obama, Harper, are all people who told him he was going to be acquitted, so Mr. Worrie does not understand the wrongfulness of his actions. According to Mr. Worrie, he was getting direction from voices telling him to do what he did and he did not believe what he did was wrong.

[119] Dr. Komer said that, in his opinion, Mr. Worrie was not criminally responsible for his actions at the time he committed the offence because of a mental disorder.

CROSS-EXAMINATION OF DR. WILLIAM JOSEPH KOMER

[120] Dr. Komer said that he is currently Mr. Worrie’s treating psychiatrist. He said there are about 25 to 30 psychiatrists at Waypoint. He said this did not affect his ability to give an impartial assessment of Mr. Worrie on the issue of criminally responsibility. Dr. Komer reiterated that he assessed Mr. Worrie’s degree of criminal responsibility in September 2015 by order of the court. During the assessment process, he asked Mr. Worrie questions about why Mr. Worrie committed the offence. At that time, he was not prescribing or proposing treatment because that was not his role as a treating psychiatrist. Similarly, in his role as treating psychiatrist, he would not be asking questions about the offence.

[121] He said he is not advocating for Mr. Worrie to be found not criminally responsible. He said he has no vested interested in the outcome either way. Dr. Komer said if there was substantial information that required him to reconsider his opinion, he was prepared to do that.

[122] Dr. Komer said clinical staff, i.e. the social workers, psychologists and the recreationists, all work with him on the same team. One of the roles of members of the team is to record information, including observations in the clinical record. He explained that there will be his (the psychiatrist’s) notes, a psychosocial assessment and psychological reports. He said all these documents are produced in electronic format at Waypoint.

[123] Dr. Komer said he prepared admission notes for Mr. Worrie when he was admitted into Waypoint on May 21, 2015. He said other clinicians were there when he made notes. He did not recall when the interview with Mr. Worrie began, but estimated that it lasted for one hour. He said he would have heard the staff reports verbally. He reviewed Dr. Gojer’s report and recalled reading Credit Valley Hospital reports relating to Mr. Worrie’s admission and release. He considered all of these documents in making his May 21, 2015, admission notes.

[124] Dr. Komer said, before meeting Mr. Worrie, that he reviewed the Crown brief summarizing the allegations and the records from Maplehurst. He said he does not have a full recollection of reading all available material before meeting Mr. Worrie.

[125] Dr. Komer said when he spoke with Mr. Worrie on May 21, 2015, that Mr. Worrie was coherent and gave responsive and fulsome answers to questions. Mr. Worrie told Dr. Komer about the girlfriend he dated for two years before leaving for college; he said he used cannabis; he said he consumed alcohol on the date of the incident; he said he had been using cannabis since he was 17-years-old and he said he had used oxycodone and hydrocodone.

[126] Dr. Komer said Mr. Worrie’s blood was tested on September 3, 2015. There were no significant abnormalities in the blood test results. Dr. Komer said he could not be 100 percent sure that Mr. Worrie had not consumed marihuana between the date of his admission (May 21, 2015) and the blood test (September 3, 2015), however, it was highly unlikely. In all likelihood, Mr. Worrie had consumed no drugs during that period.

[127] Dr. Komer said, during his assessment in May, Trae did not exhibit any formal thought process disturbance; for the first two months Trae was consistent and coherent in his thinking and that the content of his thinking was delusional but his ability to communicate was not impaired. Dr. Komer said that, although a person can communicate, this does not mean that they are not delusional or psychotic. Dr. Komer said that just because a person has schizophrenia does not mean that person cannot form the intent to commit a crime.

[128] He said when he was speaking with Mr. Worrie at the first interview on May 21, 2015, there was nothing unusual about his affect; he did not have formal thought disorder; he was smiling inappropriately in response to internal stimuli and he had pressured speech – which means he was speaking quite quickly.

[129] Dr. Komer was asked questions about the nurse’s notes or inter-professional notes from May 21 to May 27, 2015. He agreed that there was nothing in those notes indicating any active psychotic behavior. Dr. Komer said when Mr. Worrie arrived at Waypoint from Maplehurst he was on Remeron, an antidepressant, and Buspar to assist with sleeping. He was not on any anti-psychotic drugs.

[130] Dr. Komer said when Mr. Worrie arrived at Waypoint he did not exhibit formal thought disorder. He was smiling and his speech pace increased as he spoke about his beliefs but he was not behaving inappropriately.

[131] Dr. Komer said that, from the outset of his May 21, 2015, interview with Mr. Worrie, he was trying to assess Mr. Worrie’s degree of risk – i.e. whether he should be kept in isolation from the general population. Dr. Komer asked Mr. Worrie if he had thoughts of hurting himself or others and to let staff know if he did. Dr. Komer said that Mr. Worrie told him that Jesus said He may want Mr. Worrie to hit someone but Mr. Worrie doubted he would do it. Mr. Worrie said he would let staff know, should there be a concern.

[132] In response to a question about whether this degree of insight displayed by Mr. Worrie was inconsistent with Mr. Worrie’s assertion that Jesus directed him to kill his grandfather and his inability to refuse Jesus’s instructions, Dr. Komer said Mr. Worrie was responding to a question posed to him. Dr. Komer said he posed this question before he asked Mr. Worrie about the offences.

[133] Dr. Komer said he had 19 interviews with Mr. Worrie. He does not think Mr. Worrie is malingering. Dr. Komer said it does not make any sense for Mr. Worrie to report that he does not have a mental disorder if he was malingering because a finding of mental disorder is part of the not criminally responsible analysis. Dr. Komer said that malingering is not his area of expertise.

[134] Dr. Komer said that Mr. Worrie has never acknowledged having a mental illness and does not have insight into the symptoms of schizophrenia, such as the ability to malinger. He said Mr. Worrie has never acknowledged having a mental illness and this is inconsistent with malingering.

[135] Dr. Komer said he does not agree with Dr. Green where she writes at page 13 of her report: it should also be noted that Mr. Worrie’s claim of a sudden onset of psychotic symptoms standing in line at an Ab-Soul concert is not typical in actual psychiatric patients diagnosed with psychotic disorders. Dr. Komer said a delusional experience could be gradual or sudden.

[136] Dr. Komer said the whole purpose of his assessment was to reflect back on what was in Mr. Worrie’s mind when he killed his grandfather on April 16, 2015. He said Mr. Worrie told him that Jesus told him to go forth and do it and to kill his grandparents to escape the incubator.

[137] Dr. Komer was asked whether Mr. Worrie ever used the word “God” at that time. Dr. Komer said depending on one’s belief system one could say that Jesus and God are one and the same. Dr. Komer was taken to an excerpt of his report where he had written “Mr. Worrie said he had spoken to the Pope, who told him he should be appointed by God” and then he goes on to say “I am not God, I would say so, I am not God.” Then he said that “sort of he is God but definitely not Jesus Christ.” Dr. Komer said that this indicates that Mr. Worrie makes a distinction between God and Jesus. Dr. Komer said the reports indicate that Mr. Worrie uses the words “God” and “Jesus” interchangeably.

[138] Dr. Komer was questioned on his progress notes from June 2, 2015, where he noted “Mr. Worrie stated that the ‘government’ told him that in order for the government to take him seriously, he had to kill his whole family.” He was asked whether Mr. Worrie’s then new reference to the “government” instead of Jesus or God was a concern. Dr. Komer testified that this was an example of the deterioration of Mr. Worrie’s mental illness. He said Mr. Worrie’s statements were not contradictory, rather they were an expansion of his belief. He said that Mr. Worrie was now thinking that his actions were sanctioned by God. Dr. Komer said the change in his reasons for his actions is nothing unusual.

[139] Dr. Komer said Mr. Worrie said the incubator caused the killing. He said Mr. Worrie was allegedly told by God, the government and Jesus that if Mr. Worrie killed, he would be free of the incubator. Dr. Komer said he has noted in his June 2, 2015, progress notes that Mr. Worrie told him that the incubator told him to hit his mother and sister in February 2015. He said it was not unusual that Mr. Worrie did not tell the nurse at Credit Valley Hospital in February 2015, that the incubator told him to hit his mother and sister. Dr. Komer said Mr. Worrie said he did not tell the social worker in February 2015, about instructions from the incubator. Dr. Komer said this does not mean Mr. Worrie did not believe he was given those instructions. Dr. Komer said he asked Mr. Worrie why he did not tell the social workers and Mr. Worrie simply said he did not.

[140] Dr. Komer reported that he saw Mr. Worrie on May 21, 2015, and did not see him again until May 27, 2015. Dr. Komer was questioned on Mr. Worrie’s statement that God told him to drink alcohol. Dr. Komer said Mr. Worrie told him that he felt bad when he initially stabbed his grandfather. He was being told to do this by voices from the incubator. Dr. Komer said that, in his opinion, Mr. Worrie did not have the ability to know what he was doing was wrong. He lacked the capacity to rationally perceive what was going on and to know it was wrong.

[141] Dr. Komer was questioned on a portion of a June 30, 2015, psychosocial assessment prepared by Mary Kraftscic. Dr. Komer was asked about Ms. Kraftscic’s note that Mr. Worrie told her that:

After he finished the vodka Jesus told him it was a good time. Mr. Worrie had one can of Heineken beer before feeling he had enough courage. He just heard – he heard Jesus say go forth and do it.

[142] Dr. Komer said this was different from what Mr. Worrie told him. Dr. Komer said Mr. Worrie knows the nature and quality of the act of killing his grandfather – i.e. that his action was going to kill his grandfather. Mr. Worrie’s use of the word “courage” does not mean Mr. Worrie knows that what he was doing was wrong.

[143] Dr. Komer was questioned about Mr. Worrie’s statement to Ms. Whiting in February 2015, when he was admitted to hospital. In this statement, Mr. Worrie told Ms. Whiting that he flunked out of school because of a problem with marihuana. Dr. Komer was also questioned about Mr. Worrie’s statement from June 2015, when Mr. Worrie told Ms. Kraftscic that he enjoyed his college experience. Mr. Worrie also told Ms. Kraftscic about the breakup with his girlfriend and about skipping his midterms and subsequently being placed on academic withdrawal. Dr. Komer was also asked about Mr. Worrie’s July statement where he told Dr. Green that he skipped classes and left because the incubator told him that if he did not his family would be raped. Dr. Komer said the only explanation for this is that Mr. Worrie did not tell Ms. Whiting and Ms. Kraftscic about the incubator. Dr. Komer said it is clear from collateral observations of Mr. Worrie from the months before that he has a mental illness and the incubator is part of that mental illness.

[144] Dr. Komer said Mr. Worrie told him he would still have killed his grandfather if the police were present. Dr. Komer said that there was nothing contradictory between this statement and Mr. Worrie’s previous statement that he had to leave when his grandmother went outside because the police were going to come. Mr. Worrie ran away after the incident. Dr. Komer said Mr. Worrie thought the police would be after him for what he did. Mr. Worrie also thought he would probably be apprehended for what he did to his grandfather but the police would let him go when he explained to them that God told him to and God speaks through him.

[145] Dr. Komer said he was not previously aware that Mr. Worrie told Officer Cardi that he was a telepath. He speculated that perhaps Mr. Worrie did not tell Officer Cardi that he was instructed by God because he was not asked why he committed the offence.

[146] Dr. Komer said Phillip Resnick is a forensic psychiatrist in the United States and an expert in malingering. Dr. Komer agreed that an excerpt from a chapter in Dr. Resnick’s book coincides with Dr. Green’s position that Malingerers may claim a sudden onset or disappearance of a delusion.

[147] Dr. Komer was asked about differences in what Mr. Worrie reported about how he selected the knife used to kill his grandfather and stab his grandmother:

On May 27,2015, Mr. Worrie said God directed him to drink alcohol and told him which of the three knives to use.
On June 2, 2015, he said Jesus specifically told him about 15 minutes before the incident which knife to use.
On June 3, 2015, Mr. Worrie said he did not feel he was doing anything wrong because Jesus talked him into it and helped him pick the knife.
On June 8, 2015, Mr. Worrie said God told him what weapon to use. He told Dr. Green that he debated which knife to use and he chose the silver kitchen knife.

[148] Dr. Komer said that there is a deterioration in Mr. Worrie’s mental state over time and, though not exact, Mr. Worrie’s reports are consistent over time. He said sometimes inconsistencies suggest that the person is not trying to malinger. The inconsistencies do not affect his opinion.

[149] Dr. Komer said he does not know what Mr. Worrie’s intent was when, after he stabbed his grandfather, he sent texts to friends, called friends for a ride and called a cab from Niagara. Dr. Komer said this does not affect his opinion. He said it is clear from several collateral sources – family and friends – that Mr. Worrie was suffering from a mental illness. Dr. Komer said Mr. Worrie knows the nature and quality of the act. He never denied it. In fact, he had wanted to kill his whole family. Whether he wanted to get away or not is irrelevant with respect to whether he could rationally perceive and choose to do something.

[150] Dr. Komer said Mr. Worrie’s actions in: running way after the incident; discarding his blood soaked t-shirt; hiding between houses; washing his hands; calling friends; texting friends for a ride and calling the cab does not change his opinion that Mr. Worrie knew that his actions were legally wrong but he was unable to appreciate the wrongfulness of his actions according to the moral standards of society.

[151] Dr. Komer agreed that as of February 2015, drug addiction was an issue for Mr. Worrie. Dr. Komer said he does not believe Mr. Worrie assaulted his mother and sister and was admitted to hospital only because of his drug use. He said there were also problems with Mr. Worrie’s thinking perceptions.

[152] Dr. Komer said in his opinion Mr. Worrie’s drug addiction was a major problem and may have been instrumental in him developing a major mental illness. Dr. Komer was questioned on this excerpt from the June 30, 2015, note of Ms. Kraftscic at page 10 which reads:

According to Tyanna Worrie her brother talks to himself occasionally. She further reported he is emotionally volatile. She stated that he will be happy one minute, then crying or angry the next.

[153] Dr. Komer said this profile is consistent with someone who has a mood disorder, schizophrenia, a schizoaffective disorder, a substance abuse disorder or some combination.

[154] Dr. Komer said Juanita Campbell’s testimony that Sam Campbell had seen Trae with a knife in his pocket and asked Trae why he had the knife in his pocket and told Trae that he was going to tell his mother as well as her testimony that Trae called his grandfather and told him not to tell his mother, does not indicate that Trae had issues with his grandfather. Dr. Komer had information that Trae had a good relationship with his grandfather, was not agitated, and that Trae had helped take out the garbage at some point and, on occasion, had played basketball. Dr. Komer said Trae Worrie appeared to be settled. The whole incident was a shock to the family. Dr. Komer agreed that Mr. Worrie had some anger issues, given Juanita Campbell’s testimony that she and Samuel Campbell were afraid of him.

[155] Dr. Komer reported that Trae allegedly knew his grandfather was aware that ‘he had to die’ and that his grandfather did not fight with Trae when it happened. Trae was allegedly told this information by the incubator. Dr. Komer said Trae Worrie did not recognize that what he was doing was wrong. He believed he was doing this at the direction of God, Jesus and the government.

[156] Dr. Komer said the 12 stab wounds Mr. Worrie inflicted on Ms. Campbell indicate that Mr. Worrie wanted to kill her in the context of him being told that his grandparents had to die.

[157] Dr. Komer said he was not concerned that Mr. Worrie had access to drugs during Dr. Komer’s assessment because Mr. Worrie was under close supervision.

[158] Dr. Komer said, between May 21 and September 3, 2015, Mr. Worrie was experiencing increasing levels of supervision in the unit. He got increasingly irritable and eventually refused to answer Dr. Komer’s questions. Dr. Komer said it is possible that his irritability and anger increased as Mr. Worrie was reined in, similar to when his parents did so in the days leading up to the confrontation with Mr. Worrie’s grandparents.

[159] Dr. Komer acknowledged that four days after the incident, on April 20, 2018, Dr. Voruganti saw Mr. Worrie at Maplehurst and did not conclude that Mr. Worrie was floridly psychotic. He said Dr. Voruganti may not have had a lot of time to assess Mr. Worrie. He agreed that on April 21, 2018, Dr. Glancy saw him for a brief suicide assessment and noted “No clear psychosis was identified and his diagnosis was unclear.” Dr. Glancy saw Mr. Worrie again on April 24, 2015, and Mr. Worrie said “I spoke to God.” Mr. Worrie also refused medication on this date.

[160] Dr. Komer said the fact that Mr. Worrie mentioned the incubator to Dr. Gojer on April 29, 2015, but denied auditory hallucinations when he spoke with Dr. Rehaluk on May 12th and only mentioned that he smoked marihuana, does not change Dr. Komer’s diagnosis. Dr. Komer also stated that his diagnosis was unaffected by Dr. Rehaluk’s opinion that Mr. Worrie was not psychotic. Dr. Komer explained that Mr. Worrie may have been more comfortable with Dr. Gojer and he was unsure how much time Dr. Rehaluk had spent with Mr. Worrie.

[161] Dr. Komer said that Mr. Worrie told him that the incubator affected his performance on the psychometric testing conducted by psychometrist for Dr. Green. He said these are the explanations for Mr. Worrie’s elevated scores on the personality assessment inventory, anger disorder test and the structured inventory of malingered symptoms test. Dr. Komer said the impacts of the incubator on Mr. Worrie’s test performance – in context of the observations made by hospital staff, family, other doctors and his own observations – leads him to conclude that Mr. Worrie was not malingering. He said he considered Dr. Green’s concerns about malingering in reaching his own conclusion.

[162] Dr. Komer said that, at some point, he concluded Mr. Worrie was unfit to stand trial. There was subsequently a 60 day treatment order and Mr. Worrie was found to be unfit after 60 days of treatment. This did not cause Mr. Komer to question his diagnosis. He said that, after further treatment, Mr. Worrie went before the ORB and was found fit to stand trial. Dr. Komer said he does not believe that Mr. Worrie was trying to manipulate him or the ORB.

[163] Dr. Komer said, on June 23, 2015, Mr. Worrie asked to see his file because he wanted to say the right things to get an acquittal. Dr. Komer said this was unusual, but not a concern. He said Mr. Worrie had said Jesus, Buddha, Obama, Harper, the Pope – all of these people – had said he was going to get acquitted. Dr. Komer said Mr. Worrie was not saying he wanted to be found not criminally responsible and that Mr. Worries was referring to an acquittal ‘after he explains what God told him.’ Dr. Komer did not believe Mr. Worrie was trying to show that he had a mental disorder.

[164] Dr. Komer was asked whether he had any concern that Mr. Worrie had initially stated that he was directed to kill his entire family and yet attacked his grandparents when they were the only two people in the house. Dr. Komer’s response was that Mr. Worrie said he was told that it was ‘time to go’ and that he should have killed his sister. Dr. Komer said this goes against the theory that Mr. Worrie wanted to kill his grandparents out of anger about the basement if he felt he should have started with his sister. It was pointed out to Dr. Komer that Mr. Worrie did not claim that he said “Maybe I should have waited for my sister to come home.” Dr. Komer agreed that he remembered incorrectly, and said he had interviewed Mr. Worrie many times and still believed that Mr. Worrie has a major mental illness. Dr. Komer also still believed that, as a result of Mr. Worrie’s mental illness, he lacked the ability to make a rational choice about the wrongfulness of his actions.

RE-EXAMINATION OF DR. WILLIAM JOSEPH KOMER

[165] Dr. Komer was questioned on notations he made in progress notes from June 3, 2015 and June 23, 2015. In his June 3rd note, Dr. Komer stated “Mr. Worrie said he was told to kill his family” and also spoke about experiencing needling throughout his body. In his June 23rd progress note, Dr. Komer states that Mr. Worrie brought up a post he had made on the Reddit website, which Dr. Komer suggested was indicative of Mr. Worrie’s mental illness as early as February 2015.

[166] Dr. Komer said Nitan Sharma’s evidence that Mr. Worrie told Mr. Sharma that he was communicating telepathically at the Ab-Soul concert in October 2014 allays any concerns raised by the Crown about the sudden onset of hallucinations.

[167] Dr. Komer said his notes from June 4, 2015, and June 30, 2015, indicate that Mr. Worrie’s encounters with the incubator pre-dates April 15, 2015. He said that Kate Whiting’s note – referencing Mr. Worrie’s hallucinations and conversations he seemingly had with something or someone else – is consistent with thought blocking.

[168] Dr. Komer said the notes of clinical staff at Credit Valley Hospital indicate that Mr. Worrie had a mental illness as early as February of 2015. In Dr. Komer’s opinion, Mr. Worrie was suffering from a mental illness when the committed the offences. In Dr. Komer’s opinion, Mr. Worrie knew he was committing murder but did not know his actions were morally wrong according to the standards of society.

[169] Dr. Komer said Mr. Worrie told Dr. Green that Jesus told him what route to take to escape after the incident. Dr. Komer said Dr. Green noted that Mr. Worrie said that, at the time of the offences, he was commanded by government officials through the incubator in order to have the incubator turned off. This accords with what Mr. Worrie told him.

18. DR. J. GOJER

[170] Dr. Gojer was called by the defence and qualified as an expert in forensic psychiatry. He was permitted to give opinion evidence regarding Mr. Worrie’s state of mind and whether Mr. Worrie was criminally responsible in the case.

[171] Dr. Gojer said he was retained by the defence to prepare a report and assessment of Mr. Worrie shortly after Mr. Worrie was charged in April 2015. After the trial started, Dr. Gojer prepared another assessment for Mr. Worrie and conducted that interview at Maplehurst. He said he did this on two occasions for about four hours in total. He also interviewed Mr. Worrie’s mother, father and sister. He reviewed four volumes of materials from Waypoint Hospital as well as materials from Trillium Hospital. He also reviewed Mr. Worrie’s Reddit post.

[172] Dr. Gojer said when he first met him, Mr. Worrie stated he was telepathically gifted and that God had commanded him to kill his grandfather. Mr. Worrie added that he heard God’s voice and that he was told not only to kill his grandfather, but also his grandmother and his parents because it was ‘their time to go.’ Mr. Worrie stated that he did not feel bad, he just felt relief.

[173] Dr. Gojer further added that Mr. Worrie believed people were poisoning him and was suspicious of his parents – especially his father. Mr. Worrie purportedly arrived at those conclusions by the way his father looked at him and he had concerns that his father was talking about his mental health behind his back. Mr. Worrie then he went on to say that he was a telepath. Dr. Gojer said Mr. Worrie told him that God had made this experience of being a telepath happen since October 2014. Mr. Worrie then added that he felt blessed that he could communicate with humans and animals and that sentences did not have to be said, they ‘just go.’ Mr. Worrie also spoke about being part of an incubator through which he said he was able to speak to Prime Minister Harper and Obama and he would hear clicking sounds or ‘clicking in his body.’

[174] Dr. Gojer said Mr. Worrie could not tell him where the incubator was but that he knew he had to kill to get out of the incubator. Mr. Worrie added that he could not tell who was controlling the incubator, but believed other people knew about it. He said he could speak to President Obama and Prime Minister Harper telepathically. Mr. Worrie told Dr. Gojer that he was told one cannot have a telepath in Canada and, therefore, Mr. Worrie had to move to Russia or the United States. He was also told that he had to have a prosthetic arm or leg. Mr. Worrie was also allegedly told that he had to kill a friend named Tajinder to be released from this incubator. Mr. Worrie added that his parents and sister all had to be killed, as well, and that Stephen Harper knew Tajinder.

[175] Dr. Gojer said he strongly suspected that Mr. Worrie was experiencing auditory hallucinations and was floridly psychotic. Dr. Gojer said he recommended that Mr. Worrie be sent to the Centre for Addiction and Mental Health for in-patient treatment, pursuant to an assessment order under Form 48. There were no beds available, so Mr. Worrie was sent to Waypoint.

[176] After his recent assessment, Dr. Gojer said Mr. Worrie’s perceptual abnormalities and behaviour remained essentially the same. Mr. Worrie was experiencing auditory hallucinations, tactile hallucinations and sexual hallucinations.

[177] Dr. Gojer said the observations made by: (1) Mr. Worrie’s family and friends in the period leading to the homicide (2) those made by hospital staff in February 2015 and (3) his own observations of Mr. Worrie, collectively rule out the possibility of malingering.

[178] Dr. Gojer said Mr. Worrie’s grandparents were loving grandparents and that Mr. Worrie had no prior history of violence. In Dr. Gojer’s opinion, Mr. Worrie’s behaviour indicates mental illness. Mr. Worrie was no longer taking cannabis in the weeks leading up to the incident, so cannabis had little impact on his current illness. Dr. Gojer said Mr. Worrie was not angry at his grandparents but that his bizarre belief system disconnected him from reality.

[179] Mr. Worrie told Dr. Gojer that he began to hear voices in September 2014 and, again, at the Ab- Soul concert in October 2014. He said the voices told him he had two weeks to make a CD. Dr. Gojer said there was an instance where Mr. Worrie told him that he met a cab driver who was Jesus. Mr. Worrie could allegedly hear words coming out of the cab driver and thoughts and ideas were implanted in Mr. Worrie’s mind through telepathy. Dr. Gojer believed Mr. Worrie was hallucinating and exhibiting thought disorder which required medication.

[180] Dr. Gojer said Mr. Worrie’s comments about Jesus and Lucifer are all real to him. He said notes from clinicians at Trillium hospital indicate that Mr. Worrie was experiencing hallucinations when he was admitted. He said that Mr. Worrie had been exhibiting symptoms from the end of February through to September 2014, and that this is a chronic illness that does not go away. It is inconceivable to Dr. Gojer that Mr. Worrie’s mental illness would have gone away at the time of the stabbings.

[181] Dr. Gojer said Mr. Worrie suffers from the psychotic illness, schizophrenia. Dr. Gojer believes that Mr. Worrie:

suffered from this mental illness at the time he committed the offences;
knew killing a human being was not in keeping with the law; and
believed that he was following God’s instructions and was unaware that what he was doing was morally wrong according to the standards of society.

[182] Based on this opinion, Dr. Gojer would conclude that Mr. Worrie is not criminally responsible for the offence.

CROSS-EXAMINATION OF DR. J. GOJER

[183] Dr. Gojer said he has not testified as a Crown witness on contested non-criminally responsible matters in the last five years. He said in the past ten years, if he is working in a hospital setting, he tends to be retained by the Crown or the courts to conduct assessments of criminal responsibility. When working in the community, he tends to mostly be retained by defence counsel. In the last year and a half, he has been asked by the courts to do these assessments but has never been retained by the Crown to do assessments in contested matters during that period. In the last ten years, Dr. Gojer estimates that he has been retained by the Crown on contested matters less than 10% of the time. In the last 15 years he estimated being retained 70% of the time by defence counsel and 30% by the Crown.

[184] In this case, Dr. Gojer said he was retained by the defence to complete an assessment and provide evidence three weeks before the hearing. He said he first interviewed Mr. Worrie for the new report on May 19 & 20, 2018 and also interviewed Mr. Worrie’s parents. Dr. Gojer completed his report on May 28, 2018.

[185] Dr. Gojer said that Mr. Worrie’s parents had already been interviewed extensively. He said there was nothing unusual about interviewing them together because this is a common practice.

[186] Dr. Gojer said he has worked with psychologists and psychometrist in the past. He said he did not call Dr. Green or the Psychometrist. He said he did not need to retain any of these professionals in order to provide his opinion. He said he understands Dr. Green’s report but believes that it confuses the picture.

[187] Dr. Gojer said he did not ask Mr. Worrie whether he experimented with oxycodone, hydrocodone or lean because they are not known to create psychotic reactions. He said he would be more interested if the drugs were methamphetamines, ecstasy and cocaine. He said the observations made by outside sources cannot be explained by oxycodone.

[188] Dr. Gojer said he did not know that Mr. Worrie was found with marihuana on two occasions when he was at Waypoint. Dr. Gojer was not concerned about Mr. Worrie’s report to Dr. Green that he used oxycodone two weeks prior to the incident because oxycodone is not known to produce psychotic reactions. Dr. Gojer’s conclusion that Mr. Worrie was not using any drugs prior to the incident is based on Mr. Worrie’s self-reports. Dr. Gojer conceded that if Mr. Worrie’s self-reporting cannot be relied on, this weakens his argument.

[189] Dr. Gojer said one can experience hallucinations and paranoid symptoms from the use of marihuana but not other negative symptoms or thought disorder. He said marihuana can cause psychosis. Dr. Gojer said when Mr. Worrie went to hospital in February 2015, as a result of a Form 1, doctors diagnosed him as having a psychotic state. He said the Doctors should have made the distinction between schizophrenia or a drug induced psychosis.

[190] Dr. Gojer said that the doctors may have got it wrong when they told Mr. Worrie’s parents that his problem was marihuana in February 2015. Dr. Gojer said there could be a number of reasons why Mr. Worrie refused to give a blood sample at the hospital in February 2015. He said he believes that the hospital erred in allowing Mr. Worrie to release himself, despite their concerns.

[191] Dr. Gojer said marihuana does not give you a flat and blunted affect. It does not make you stand and gaze in a mirror for hours on end. He said marihuana is more agitation, paranoia and fleeting hallucinations.

[192] Dr. Gojer said oxycodone is a lower potency drug used to reduce pain. It can also be addictive. He said opiates like oxycodone make you quietly euphoric, not rambunctious. It is cocaine that gets you hyper and agitated and running around in a euphoric state. He said you would be inattentive on oxycodone because of drug’s effects but that those effects wear off quickly, six-eight hours at most.

[193] Dr. Gojer said ‘lean’ is made by combing opiates with Sprite. He said hydrocodone has the same effects as oxycodone. He said there is no real withdrawal from marihuana use but you may be irritable because you do not get what you want. You could get physical symptoms from long-term opiate use, such as abdominal or other muscle cramps, shivers, anxiety, panic attacks, nausea or insomnia. You could also get frustrated if people are preventing you from smoking it.

[194] Dr. Gojer said Mr. Worrie approached his family doctor for the marihuana. This indicates that he likes the drug. He said he could have been feeling frustrated and thwarted that people were stopping him from having it.

[195] Dr. Gojer said his notes are just a regurgitation of what Mr. Worrie told him. Dr. Gojer agreed that there were two instances where Mr. Worrie became lashed out and became angry – first, when he hit his mother and sister, and second, when he punched his friend Nitan in the face.

[196] Dr. Gojer agreed that Mr. Worrie told him that, after he left the hospital, his friends guilt-tripped him into going home and he was debating whether to stay there or not. Dr. Gojer said, although people were observing Mr. Worrie’s behavior, nobody asked him what he was actually thinking at the time. Dr. Gojer said he does not agree that Mr. Worrie was angry at his mother or at his friend Nitan. He does not agree that Mr. Worrie was trying to minimize his anger towards them. Dr. Gojer said sometimes he asked Mr. Worrie about inconsistent statements, and other times he did not. This was because there were so many inconsistencies for which Mr. Worrie did not provide an explanation. Dr. Gojer said some statements were outrageously inconsistent.

[197] Dr. Gojer said he had not seen Dr. Shariff’s notes. He did not know that Dr. Shariff diagnosed Mr. Worrie with depression. He said the observations of the clinical staff at Trillium hospital are compelling. If that information was given to Dr. Shariff, he would have come to a different conclusion.

[198] In his report, Dr. Gojer diagnoses Mr. Worrie with schizophrenia. Dr. Gojer said symptoms of schizophrenia can be faked and that the classic flat affect is not found in people with depression. He said it is wrong to make a diagnosis of depression based on flat affect, alone. He also stated that personal neglect is a symptom of schizophrenia and that an example of this can be seen when Mr. Worrie went out in the snow in his bare feet on a frigid day in February. In Dr. Gojer’s opinion, this action indicates that such a person may be psychotic.

[199] Dr. Gojer said Mr. Worrie is not malingering a mental illness. He said with the psychotic-like behaviour in observed February, abnormal behaviours observed by his family and the ongoing psychotic behaviour in Waypoint make it highly unlikely that Trae Worrie’s behavior was caused by drug-induced psychosis. Dr. Gojer said, given the history, Mr. Worrie’s hallucinations or delusional ideas seemed very credible.

[200] Dr. Gojer agreed that when describing the day of the incident, Mr. Worrie’s description of Satan – coming to him in human form, after his grandfather had confronted him about going to his bedroom, and debating it in the bathroom whether to kill his grandparents, after he had initially decided against doing it only on Jesus command, and deciding to do it only after Satan tells him to do it – is entirely new information. However, Dr. Gojer did not see this new information as a red flag, but rather, as part of the psychosis. He is not concerned that Mr. Worrie never provided this information to Dr. Komer or anyone else. Dr. Gojer said he did not ask Mr. Worrie about any inconsistencies because Mr. Worrie would drift off into a different topic.

[201] Dr. Gojer said Mr. Worrie is a difficult person to interview. He had very little discussion about an incubator with Mr. Worrie but Mr. Worrie discussed it at length with Dr. Komer.

[202] Dr. Gojer agreed that Mr. Worrie’s description of a thought bubble above someone’s head with font dripping in red scary blood is unusual in psychiatric patients. However, in extremely ill people, you can see very bizarre delusions and hallucinations.

[203] Dr. Gojer said every mentally ill person can exaggerate their own symptoms, however, he is not concerned about Mr. Worrie including Satan in the description of events for the first time. He said Mr. Worrie has thought disorder and schizophrenic symptoms that present as inconsistent in keeping with his mental illness. He said inconsistencies are not part of faking, they are part of the illness itself. He said symptoms can be faked but you have to look at the whole picture; the information from other clinical staff and his two interviews with Mr. Worrie.

[204] Dr. Gojer said he depends on what Mr. Worrie told him, as well as the fact that Mr. Worrie left the scene, to conclude that Mr. Worrie knew that he did something wrong. This is a legal point of view; that Mr. Worrie knew he had broken the law of the land. He said Mr. Worrie has provided the explanation that, because his instructions were from God, it was morally right. He said the fact that God and Satan are different in the Christian faith, and Mr. Worrie said he also acted on instructions of Satan, is part of his delusions. He said another part of Mr. Worrie’s delusion that cannot be ignored is Mr. Worrie’s belief that he is part of the incubator. He said Mr. Worrie has delusions and hallucinations and that he is not a very rational person.

[205] Dr. Gojer said, in his opinion, Mr. Worrie is not capable of weighing “pros and cons.” He agreed that Mr. Worrie told him “I was debating what to do” after his grandparents caught him trying to go to his bedroom right before he stabbed his grandfather. Dr. Gojer said, at that point, he was trying to weigh pros and cons and the debate weighed in favor of God telling Mr. Worrie what to do.

[206] Dr. Gojer said Mr. Worrie could appreciate the nature and quality of his actions – i.e. if he takes the knife and stabs his grandfather, his grandfather is going to die and, on the second test, Dr. Gojer believes Mr. Worrie could not exercise rational choice at the time of the stabbing.

[207] Dr. Gojer agreed that the results of the SILS-2 psychological test, administered on the instructions of Dr. Green, “did not suggest [Mr. Worrie had] disorganized thought or difficulties with abstraction.” He said the tests are highly structured and the type of thought disorder found is different from what is seen in cases of schizophrenia. He said the test revealed that Mr. Worrie’s vocabulary was in the low range. This is because at the time Mr. Worrie was doing the test, he was experiencing thought disorder. Dr. Gojer said the SILS-2 is not the gold standard psychological test and that Dr. Green’s test confuses the picture.

[208] Dr. Gojer said Mr. Worrie provided an invalid profile on Dr. Green’s personality assessment inventory test because Mr. Worrie was experiencing a major mental illness. The more serious the illness, the more likely it is to render an invalid result. He said Dr. Green should have reached this conclusion in her report. He said Dr. Green also did not mention that Mr. Worrie had high scores for schizophrenia and paranoia.

[209] Dr. Gojer agreed that the MMPI2 is a self-report measure of psychopathology. Dr Green’s report says that Mr. Worrie’s elevated scale suggested he was contradicting himself in his answers and, therefore, that he provided an invalid scale. Dr. Gojer said Dr. Green should have used a test more sophisticated than the MMPI2.

[210] Dr. Gojer agreed that Dr. Green concluded that Mr. Worrie’s score of 14 on the Anger Disorder Scale suggested that Mr. Worrie may have been attempting to under report his anger. Mr. Worrie’s self-reported of anger experiences and aggressive behavior should, therefore, be viewed with caution. Dr. Gojer also took issue with how Dr. Green reports this in his findings. Dr. Gojer said Mr. Worrie did not have a history of violent behaviors, except during the time period he suffered from a psychotic illness. People can become angry when they have psychotic symptoms like delusions and hallucinations, so the test is inappropriate and confuses people on what ‘anger’ really means.

[211] Dr. Gojer said, in his opinion, Mr. Worrie’s violent acts are not driven by anger but by psychosis. Dr. Gojer agreed that Mr. Worrie’s statement of “believing that phone numbers were God’s way of determining salvation” is an atypical symptom in an actual psychiatric patient. Mr. Worrie’s comments that he could put thoughts in people’s heads is a typical symptom of people suffering from schizophrenia, as is the sudden onset of voices. As such, Mr. Worries report from October 2014, that he suddenly heard voices while standing in line at an Ab-Soul concert did not cause him any concern. He disagreed with Dr. Green’s opinion that that, unless it is drug-induced, sudden onset of hearing voices is atypical for a person with a psychiatric illness.

[212] Dr. Gojer said Nitan Sharma’s testimony that Mr. Worrie was smoking marihuana at the Ab-Soul concert does not cause him to be concerned that Mr. Worries comments about becoming a telepath at the concert was drug-induced. He said this is because Mr. Worrie had been smoking a large quantity of marihuana since a young age and had handled it well.

[213] Dr. Gojer agreed that Dr. Green had reported that Mr. Worrie claimed during her interview that the government was placing a screw in his ear. She noted that Mr. Worrie made that comment without any observable physical reaction to that stimuli. Dr. Gojer said this is not unusual.

[214] Dr. Gojer said it very unusual to see people writing on the test booklet. He also noted that Mr. Worrie had written on the test booklet during his psychometric test, however, not unusual when considered in the context of Trae’s report that an incubator was directing his activities. Dr. Gojer also said that he was not concerned that Mr. Worrie introduced the word ‘omniscience’ from the tests into his description of his experiences to Dr. Green.

[215] Dr. Gojer agreed that Mr. Worrie has previously blamed hitting his mother and sister on his frustration because they wanted him to seek help for drug use. He had told Kate Whiting that he flunked out of school because he was upset over the break up with his girlfriend and that he was smoking marihuana and skipping classes. Mr. Worrie told Dr. Komer that he hit his mother and sister because of the incubator. Mr. Worrie also told Dr. Green that he left school because the incubator told him to. Dr. Gojer agreed that Mr. Worrie told Mary Kraftscic that he was evicted from his apartment because he stole a juice box from the garage and was caught by the owner of the house. Mr. Worrie and told Dr. Gojer that a voice told him to pick up the juice box and not to steal it. Dr. Gojer agreed that, while the varying explanations are a concern, the inconsistencies can still be part of Mr. Worrie’s schizophrenia.

[216] Dr. Gojer said the one way to look at Mr. Worrie’s behavior is that he was so distressed and wanted to get away from the incubator that he killed or was prepared to kill his whole family. The fact that he was laughing and smiling while distressed is the essence of schizophrenia. The emotions are disconnected from the thoughts.

[217] Dr. Gojer said Mr. Worrie ran away after the incident because his grandmother was able to leave and he said she would inform the police and he did not want to be detained. Dr. Gojer agreed that it was rational for Mr. Worrie to run and that is why it is his opinion that Mr. Worrie knew what he had done was legally wrong.

[218] Dr. Gojer agreed that Trae’s post offence conduct of going downstairs; throwing the knife in the sink; picking up his phone charger, his phone and wallet; running away from the house; ditching his bloody shirt in a neighbor’s driveway; hiding between houses, washing his hands in a ditch; texting Harsh and saying Harsh “do you have your car on you?” are rational decisions. These are rational decisions over a period when Mr. Worrie was acutely psychotic. They indicate that Mr. Worrie knew he had done something legally wrong.

[219] Dr. Gojer agreed that Mr. Worrie’s statement to Officer Cardi that he is telepathic and that he could put the image of a barbeque hotdog in his head, when taken in isolation, could be a concern but, when viewed in the context of all the events together, indicates that Mr. Worrie knew that what he was doing was legally wrong but morally right. What he told Officer Cardi was consistent with his mental illness.

[220] Dr. Gojer agreed Mr. Worrie told Kate Whiting at the hospital and Dr. Shariff that he was not experiencing hallucinations. He said Mr. Worrie had a tendency to downplay or minimize hallucinations. There is a possibility that Mr. Worrie was doing this because he did not want to be detained in a hospital.

[221] He said Mr. Worrie was not psychotic when he was using drugs for three years, so in his opinion, Mr. Worrie was not experiencing a drug-induced psychosis. Dr. Gojer said the Risperidone Dr. Shariff prescribed to tackle depression is not prescribed for depression but rather to treat psychosis.

[222] Dr. Gojer agreed that, when Mr. Worrie was assessed at Maplehurst, Carmen Ackerman noted that Mr. Worrie was a poor historian. She also noted that Mr. Worrie denied visual and auditory hallucinations but, while doing so, he had an in appropriate smile and dropped his eyes. He was calm and pleasant, had a very flat affect, displayed little emotion and was “soft spoken.” Dr. Gojer sad even though Mr. Worrie was denying visual or auditory hallucinations, that does not accord with what Ms. Ackerman observed.

[223] Dr. Gojer agreed that when Mr. Worrie was assessed by Dr. Voruganti at Maplehurst on April 20, 2015, Mr. Worrie spoke fast, was overly polite and smiled inappropriately. Dr. Voruganti questioned whether Mr. Worrie had incipient psychosis. Dr. Gojer said incipient means the psychosis is evolving or developing. He said, if Dr. Voruganti had information on Mr. Worrie from his February 2015 admission and had spoken to Mr. Worrie in-depth, he would not have described the psychosis as incipient.

[224] Dr. Gojer agreed that Dr. Glancy saw Mr. Worrie on April 21, and concluded that no “psychosis [was] identified.” Dr. Glancy saw Mr. Worrie on April 24, 2015, and Mr. Worrie refused medication and stated “I spoke to God.” Dr. Gojer agreed that when he saw Mr. Worrie on April 29, 2015, he concluded that Mr. Worrie was floridly psychotic. Dr. Gojer said the differences depend on who is interviewing Mr. Worrie and the circumstances under which the interview is taking place. He said his interview was much more focused and it was to assess whether Mr. Worrie needed more in-depth evaluation.

[225] Dr. Gojer agreed that on May 12, 2015, Mr. Worrie saw Dr. Rehaluk at the jail. Mr. Worrie reported to Dr. Rehaluk that he felt sad about actions leading to his incarceration, although he was not suicidal. He smoked marihuana to increase his appetite. He had no true paranoid thoughts or auditory hallucinations and Dr. Rehaluk diagnosed him with an adjustment disorder. Dr. Gojer pointed out that Dr. Rehaluk did not ask Mr. Worrie why he told Dr. Glancy he was hearing voices. Dr. Gojer said Dr. Glancy should have asked Mr. Worrie this question.

[226] Dr. Gojer said Mr. Worrie was suffering from formal thought disorder, however, it does mean Mr. Worrie was suffering from formal thought disorder 24 hours a day. He said that when you look at Dr. Komer’s notes, it is evident that people who spoke with Mr. Worrie observed that his speech was quite disordered.

[227] Dr. Gojer agreed that Dr. Komer did not find Mr. Worrie to have formal thought disorder until four months after his admission to Waypoint. Dr. Gojer said he found Mr. Worrie to have formal thought disorder much earlier than Dr. Komer.

RE-EXAMINATION OF DR. J. GOJER

[228] Dr. Gojer said, in this case, he gave an opinion about Mr. Worrie’s fitness to stand trial earlier than usual, at the request of the defence. This was a Form 48 assessment and his report on that assessment was accepted by the court.

[229] He said Dr. Green does not conclude in her report that Mr. Worrie is malingering or lying about his symptoms. He said Dr. Green recommended that collateral sources, such as family members, be interviewed in assessing Mr. Worrie.

[230] Dr. Gojer said he spoke to Mr. Worrie’s family and friends including Nitan Sharma. Dr. Gojer said multiple factors indicate that Mr. Worrie is suffering from a mental illness. There are multiple hallucinations and delusions of different natures and he has thought disorder. This can be detected as far back as February 2015, when he was irrational and bizarre at Trillium hospital. All of this is evidence of schizophrenia and that Mr. Worrie is very ill.

[231] Dr. Gojer said that his review of progress notes and medical records shows that the clinical staff observed instances of Mr. Worrie exhibiting thought disorder. He said Dr. Komer uses the words ‘pressured speech’ which is the same as thought disorder. Dr. Gojer said Mr. Worrie would have had to plan malingering several months before the killing and fool his parents, friends and several clinical staff. There are too many psychotic footprints for Mr. Worrie to be feigning or malingering.

[232] Dr. Gojer said that it is inconceivable that Mr. Worrie anticipated his confrontation with his grandparents six months earlier and then began malingering. Dr. Gojer also said it is common practice to interview family members as a group.

[233] Dr. Gojer said Trae Worrie’s first reported hallucination was to Nitan Sharma in October 2014. Dr. Gojer said when Mr. Worrie refers to being pricked, needled and injected by drugs in his Reddit post, Mr. Worrie is describing tactile hallucinations. When he says I am being inject with drugs, the government is raping me, he is giving a delusional explanation.

[234] Dr. Gojer said fitness to stand trial has nothing to do with the offence. It relates to whether the person’s mental illness impacts the person’s ability to understand the charges, the procedures in court, who the court officials are and the ability to instruct counsel. The not criminally responsible assessment has to do with the offence, itself. A treatment order is an order issued by the court, usually for 60 days, to treat a person who is unfit to stand trial to make him or her fit. Only the Crown can apply for a fitness order. The Crown sought a treatment order to make Mr. Worrie fit to stand trial. This field as Exhibit 23.

[235] Dr. Gojer said, at an ORB hearing in 2016, that he rendered the opinion that Mr. Worrie was fit to stand trial and the Board agreed.

[236] Dr. Gojer said clinical notes show that Trae Worrie had been demonstrating paranoid and suspicious behavior, including Mr. Worrie’s suspicions with food. There is a documented instance where Mr. Worrie took a bite of food and spat it out. Dr. Gojer said Mr. Worrie’s family spoke of him exhibiting contorted body movements, which Dr. Gojer said is a symptom of catatonic schizophrenia. He said Trae Worrie has never admitted that he had a mental illness. This is another reason why it is very unlikely that he is malingering. Mr. Worrie has absolutely no insight into his mental illness.

[237] Dr. Gojer said that when speaking to Ms. Ackerman at Maple Hurst, in April 2015, Trae Worrie denied any previous admission into a psychiatric institution and denied having audio/visual hallucinations. Ms. Ackerman noted, however, that he had an inappropriate smile when he said this. Dr. Gojer said this is one of the features of schizophrenia.

[238] Dr. Gojer said it is his opinion that, at the time Mr. Worrie committed the offences, he was incapable of knowing the wrongfulness of his actions.

19. JUDY WORRIE

[239] Ms. Worrie said Trae Worrie is her son. She said that two years before the incident she, her husband, daughter and Trae went to live with her parents, Sam and Juanita Campbell. Trae lived in a room upstairs with her parents and she, her daughter and her husband lived in the finished basement downstairs.

[240] She described Trae as an intelligent, playful and pleasant young man until Grade 10 when he began using marihuana. She said she begged him to stop but he did not listen. She said she began to notice a change in behavior. He would sit around starring and looking dazed. Sometimes he will go to the bathroom laughing to himself and twisting his body.

[241] She said Trae became isolated. He will cover the windows and keep the room dark. He graduated high school and got into college in Niagara. She helped him find an apartment and he went to college in September 2014. She said she had been close with Trae and spoke with him almost every day. She noticed, however, that contact became more infrequent and his responses were short. This concerned her.

[242] She said Trae Worrie came home once in a while and she had to beg him to come home. She recalled that Trae was usually quiet when they were taking him to college or picking him up from College. She spoke of an incident where Trae once saluted a random person. Interactions were short and brief. This also concerned her.

[243] Judy Worrie spoke about a party for Trae that was organized on February 20, 2015. She said she had arranged for Harsh Pal and Nitan Sharma to pick up Mr. Worrie but they were three hours late for the party. She said when he arrived he looked happy to see her and was surprised. He had glossy eyes and did not look like her son. She said Trae was quiet during the party. Judy Worrie said the party went until 1:00 a.m.

[244] She said the next day she went to the dentist with her daughter and received a call that Trae Worrie was acting out and that she needed to go home urgently. When she and her daughter got home, Trae was standing in the basement and looked dazed. His eyes were glossy and darkish. She said she went to him and asked him what was going on. She touched his face and all of a sudden he hit her in the jaw with an open fist. She fell to the ground and he went on top of her. Her daughter screamed. Trae was saying “Judy who the hell is Judy”? Her husband Elsworth came and removed Trae from on top of her.

[245] Judy Worrie said she called the police and when they arrived, Trae was outside in the snow without a shirt and was on putting snow all over his body. Police persuaded him to put on his clothes and then took him to hospital. Judy Worrie said the family spoke to a doctor and a social worker at the hospital. The doctor said Trae had a drug addiction and they had to tell him that he either quits or he cannot live at the house. She said she reluctantly gave him the ultimatum.

[246] She stated that Mr. Worrie decided to leave the hospital and to stay with his friends. Ultimately he went back to his apartment in Niagara. He would not respond her calls or texts. She said Elsworth Worrie went to pick up Trae from Niagara on March 26, 2015, at Trae Worrie’s request.

[247] Trae Worrie was told the rules. He had to sleep downstairs and no smoking marihuana. She said Trae Worrie looked sad, dazed and hungry. She said Samuel Campbell asked whether Trae could return to sleep in the bedroom upstairs and she responded, no. He had to remain in the basement because they wanted to reconnect with him as a family. She said she has never seen Trae use oxycodone.

[248] Judy Worrie said when he came back from Niagara she would observe Trae in the basement smiling to himself, staring constantly and washing his clothes sometimes when they were clean. She also noted that: he was always looking over his shoulder; he would smell food and throw it into the garbage; he would make 45-minute trips to the bathroom and he would throw out toiletries even if they were new. On one occasion, he told her there was a woman in his room and when Ms. Worrie checked, no one was there. Trae seemed paranoid and did not want to go anywhere or do anything.

CROSS-EXAMINATION OF JUDY WORRIE

[249] She said it was her idea for one of the children to live upstairs. Trae was chosen because he was the oldest. All was well for a period while Trae was in high school. She said she told Trae that she did not accept his marihuana use.

[250] She said that she and Trae discussed his relationship with his girlfriend, Josie Ann. He told her they broke up because she cheated on him. She said it took a few months for Trae to admit that he was using marihuana. He made the admission before he began College. She said she begged Trae to stop and that she and her husband wanted him to get counselling.

[251] She said she told her mother that Trae Worrie was using marihuana. She said her mother had told her that there was something wrong with Trae. She and her mother had numerous conversations about Trae.

[252] Judy Worrie said she knew that Trae went to the Ab-Soul concert with Nitan Sharma. She said Trae’s friend told her that something happened to Trae at the concert. Trae did not tell her about this.

[253] Judy Worrie said when she initially asked Trae Worrie what happened at school and he said all was well. He eventually told them that he had failed his courses and would not be going back to school.

[254] She said that, after the party in February, 2015, Elsworth tried to help Trae Worrie get into a car because it seemed like Trae needed assistance. Trae would not take the help. Judy Worrie said Trae may have had a drink at the party.

[255] She explained that on the day Trae hit her, she had just gone up to him to ask him what was wrong and he hit her. She said it happened very quickly. Trae was angry. Judy Worrie said Trae was a happy and good kid, he would never hurt anyone. She said it took something to happen for them to get some help. She said when Trae Worrie was attacking her he was using the words “who the fuck is Judy”? She said they had a close relationship but he did not even recognize her.

[256] She said the doctor at the hospital did not spend too much time with Trae. The doctor just said they should give him the ultimatum. Judy Worrie said she does not remember telling the doctor that Trae was slashing and superficially cutting himself. She said she never knew of this. She said, while in hospital, Trae apologized for hitting her but will not accept a hug. She said Trae did not want her in the hospital room and asked her to leave.

[257] Judy Worrie said Trae Worrie was released from hospital with his friends. When his friends brought him home, he decided to leave for Niagara which he did. He contacted them to go and pick him up which they did. She said when Trae Worrie returned, Mr. Campbell asked if he could go back and stay in the bedroom upstairs and she refused.

[258] She said they explained to Trae Worrie that they wanted him downstairs with them because they did not want him to feel alone. She said Trae Worrie was not angry, he said okay. She said she and Elsworth Worrie gave Trae their bedroom and slept in a blow-up mattress in the basement. She said Trae’s troubled behavior began in March 2015. He would stare in the mirror, spin around, twist up his body, take long showers and use pillows to close the windows. Judy Worrie said she was not too sure whether Trae smoked when she was at work.

[259] She said Trae Worrie took frequent showers and would wash clothes even when they were clean. She said Trae was calm the night before the incident. She said she did not see him before she went to work the next day.

[260] Judy Worrie said she spoke to a social worker at Waypoint in June and August 2015. She said she spoke to Ms. Kraftscic. She and her husband told her what they saw. She and her husband chose not to give a statement to the police. Judy Worrie confirmed that she had recently spoken to Dr. Gojer, so had Elsworth and their daughter.

[261] Judy Worrie said she never saw Trae Worrie sliding up and down the stir banister. She said at that time she was at the dentist with her daughter. She said Mr. Worrie had refused counselling, prior, and had gone to an initial counselling session but then stopped.

[262] Judy Worrie testified that Mr. Worrie saw Dr. Shariff in February 2015. Elsworth dropped him off at the appointment. She said she never went to Mr. Worrie’s doctor appointments with him. She made the appointments and he went.

[263] Judy Worrie said Trae told her about the incident with the lady in his room when he was still in high school. She said his behavior was strange. She said in 2012, Trae had surgery to deal with a sweat gland problem and he was prescribed some oxycodone. She said the oxycodone prescription was filled after and as a result of his surgery. Judy Worrie she has never known or suspected Trae to use any drugs other than marihuana.

RE-EXAMINATION OF JUDY WORRIE

[264] Judy Worrie said nobody in her house smoked. She said he parents would have detected if anyone was smoking in the house.

20. AMAN NITAN SHARMA

[265] Mr. Sharma said he and Trae Worrie met in Grade 3. They stayed in the same school until high school. He described Trae Worrie as the glue that held all their friends together. He said that Trae is his best friend. He and Trae graduated in 2013/2014 and then Trae went to college in Niagara.

[266] Mr. Sharma said Trae was no longer outgoing after he returned from college. When Mr. Sharma inquired if everything was okay, Trae said that it was okay. Mr. Sharma said he and Trae Worrie went to an Ab-Soul concert in October 2014. Trae Worrie was quiet, he seemed sad and was crying. Trae wanted his space after the concert. Trae then became energetic and was happier.

[267] Mr. Sharma said they went to a friend’s house afterwards to play some games and had to wait a long time for Trae Worrie to return from the washroom. They went searching for Mr. Worrie and discovered he had left the house barefoot. He only had his socks on. They found him about two minutes away. He told them about a girlfriend he had some two or three years ago. He also told them that the reason he was happy was that he was communicating telepathically with Ab-Soul during the concert. He described Mr. Worrie as keeping to himself and staring at the wall.

[268] Mr. Sharma stated that he saw Mr. Worrie again in December 2014, when Trae returned from college. Mr. Sharma said he felt Mr. Worrie was a lot better at this time. He said after the December break, Mr. Worrie went back to Niagara and the next time he saw him was in February 2015. He said he and Harsh Pal went to pick Trae up for his surprise birthday party. He said Mr. Worrie was sleeping and they had to wake him up because they were late for the party. He believes Mr. Worrie had a great time at his party. He said he does not recall anything else at the party.

[269] Mr. Sharma said Trae was sent to hospital as result of an argument between Trae and his family. Later on, he and Harsh Pal went to visit Mr. Worrie. Mr. Worrie met them with his hands cupped in the form of “praying hands”; Trae said he knew they would come. Mr. Sharma said they left with Trae, went to Burger King and played video games.

[270] He said that Mr. Worrie slept at his house for a couple of days. They smoked marihuana and he realized that it affected Mr. Worrie differently. He said he told Mr. Worrie that he could not stay in his house if Mr. Worried smoked weed and so Mr. Worrie left and went to Harsh Pal’s house. He said he visited Mr. Worrie at Harsh Pal’s house and observed him staring at himself in a mirror. He noticed Mr. Worrie to have a blank stare at times.

[271] Mr. Sharma said in high school Mr. Worrie was amazing. He was more expressive, helpful and a really good person.

CROSS-EXAMINATION OF AMAN NITAN SHARMA

[272] Mr. Sharma said he met Mr. Worrie in Grade 3. They were smoking marihuana by age 15 or 16. Mr. Worrie did not use any other drugs. He has no information that Mr. Worrie experimented with oxycodone or hydrocodone. He said whenever they met, they would smoke. He said when they were together, they were always high.

[273] Mr. Sharma said he and Mr. Worrie attended an Ab-Soul concert in Grade 11. Everyone was smoking marihuana at that concert. He said he tried the drug “lean” before the concert. He said Mr. Worrie was smoking marihuana. They did not do any other drugs that day.

[274] Mr. Sharma said Mr. Worrie was talking about his girlfriend cheating on him around the time of the concert. He was upset. Mr. Sharma said he thinks Mr. Worrie was depressed about Josie Ann. He said during the concert Mr. Worrie was upset and crying. He said after the concert Mr. Worrie was jumping up and down. He said Ab-Soul had been communicating with him through his mind.

[275] He said Mr. Worrie’s apartment smelt like marihuana and there were multiple bongs. Mr. Worrie was drinking when they got there. He said that Mr. Worrie’s birthday party was lovely. Mr. Worrie gave a speech, as did Mr. Worrie’s father. Mr. Worrie’s speech was normal and from the heart. Mr. Worrie drunk heavily during the party.

[276] Nitan Sharma said, after Trae was released from hospital, he realized that smoking marihuana with him was having a negative effect on Trae. Trae was zoning out more. So he told all their friends that Trae should not smoke weed anymore and he and Trae had an argument about that. He said even if Trae had never been sent to the hospital, he would have come to the same conclusion.

[277] Nitan Sharma said Trae stayed with him for a couple of days after his release from hospital. Trae had no interest in seeing his family and they had an argument and physical altercation over that.

[278] Nitan Sharma testified that, the Sunday before Trae was arrested, they played basketball together. He said Trae Worrie’s mother bought some pizza. Trae was kind of into the game but was not sure if Trae smoked marihuana on that occasion.

[279] He said he did not talk to Trae Worrie before the incident. He said Trae called him on the day of the incident but he did not have a cell phone. He said he does not know anyone called Jason McKinney. Nitan Sharma said he did not speak to Trae on April 16, 2015.

RE-EXAMINATION OF AMAN NITAN SHARMA

[280] Nitan Sharma said he smoked marihuana with Mr. Worrie when they were in high school.

21. ELSWORTH WORRIE

[281] Elsworth Worrie is Trae’s father and Judy Worrie’s husband. He said that in April 2015, he lived in Juanita and Sam Campbell’s house with Trae, Judy and their daughter Tyanna. They lived at that address for two years.

[282] He described Trae Worrie as a loving and very respectful child until about age 16. He said Trae started using marihuana at age 16 and never stopped. He said you could see it in his face and his eyes, Trae was not sleeping. He said he told Trae to stop. Trae said he would, but never did.

[283] Elsworth Worrie said Trae was distant when he went to school in Niagara in 2014. He thought Trae just wanted his space. They kept in touch with him by phone and Trae came home on weekends but not often.

[284] He said when he picked up Trae in the fall of 2014, he noticed that Trae was smiling to himself a lot. He could see him smiling, and when he asked him if he heard what Elsworth Worrie had said, Trae would say yes. When he asked Trae to repeat what he said he could not.

[285] He said, at home, Trae was good to the family. He smiled to himself a lot. He looked at himself in the mirror as if said he was looking for something in his eyes. He did this frequently. He would look in his mouth as if he was looking for something inside. He did this frequently also.

[286] Elsworth Worrie said they organised a 19th birthday for Trae. His friends were to pick him up from Niagara. They could not get into his basement apartment and they were three hours late for the party. He said they knew something was wrong with him and wanted to show him that they loved them. He said there were no drugs at the party. Trae looked surprised and was happy and drinking.

[287] He said the next day Juanita Campbell called him upstairs because there was something wrong with Trae. Trae was standing and was angry. He said nothing was wrong with him and asked “why can’t he be happy”? Trae was loud and swearing at them. He said all of them had a problem and there was nothing wrong with him.

[288] Elsworth said Juanita Campbell called Judy Worrie and told her to come home. They returned and Trae was in the basement. Judy Worrie went to the basement. Elsworth heard his daughter screaming. He ran to the basement and saw Judy Worrie on the ground with Trae on top of her. Trae was punching her. He pulled Trae off her and Trae turned to fight him. Trae and hit him in the head and said “aunt Ann get this guy off me.”

[289] Elsworth Worrie said they called 911 and the police came. An ambulance came and took Trae to hospital. Elsworth Worrie said he went to the hospital and spoke to the nurses and psychiatrists on duty. Trae was released from hospital after three days. Elsworth Worrie stated that a social worker and a nurse told him that Trae was addicted to marihuana and they should give him an ultimatum to change. He said Trae advised that he did not need help and they needed help for schizophrenia.

[290] He said Trae was not receptive to treatment. Elsworth and Judy Worrie told Trae that he could not come home until he got treatment. Trae left hospital and stayed with his friends. After two days, his friends brought him home. Trae was angry and returned to Niagara. Elsworth Worrie said he wanted Trae to return home and get some help.

[291] Elsworth said eventually Trae returned home. Elsworth said it was his and Trae’s grandparents’ idea that Trae would sleep in the basement. He said there was no discussion with the grandparents about picking Trae up. He said he and Judy Worrie gave up their bedroom for Trae. He said they knew something was wrong. He said he and the grandparents had one discussion about Trae.

[292] Elsworth testified that Trae apologised for the “fighting incident” and asked if he could have his room upstairs back. Elsworth refused. He said they knew something was wrong with Trae. Trae would laugh out loud when asked why he was not speaking. He smelled everything. He threw items that were not garbage into the garbage. He threw away his clothes and food. He ate bowls of cereal. He would not sleep. He would keep himself clean and would spend hours in the washroom. He would go to the washroom to bathe and come out looking the same. He would throw out brand new toiletries. He would say he had spots on his back and Elsworth would examine his back and see no spots. Elsworth Worrie would touch him and Trae would walk away. Trae would watch television with the family briefly and then go to his room and close the door.

[293] He said the night before the incident, April 15, 2015, Trae watched a Raptors game with the family and helped take out the garbage.

CROSS-EXAMINATION OF ELSWORTH WORRIE

[294] Elsworth said Trae’s marihuana use caused conflict between him and Judy Worrie. He said he had arguments with Trae Worrie when he was high. He said he knew that Trae had a girlfriend called Josie Ann. He said that they broke up and Trae Worrie had a difficult time with that.

[295] Elsworth Worrie said Trae was doing well in school until he started to smoke marihuana, which impacted his grades. He could not get into university and it impacted his grades in college. He encouraged Mr. Worrie to do well. Elsworth Worrie said he had no suspicions that Trae used any drugs other than marihuana. He said the oxycodone prescription was for surgery Trae had on his sweat glands.

[296] He said Trae Worrie will black out all the windows when he was in the basement by himself. He will be happy one minute and sad the next. He would not tell them why he was sad. He would keep to himself and stay locked up in the dark.

[297] Elsworth Worrie said that when Trae came home in December 2014, they knew something was wrong. He said he already knew that Trae had failed his courses. Trae did not tell them at first. Elsworth Worrie said he told Trae not to go back to school but Trae decided to go back. Elsworth Worrie said he took Trae back to school in January 2015.

[298] Elsworth Worrie said he tried to get Trae help with is marihuana addiction. He said Judy Worrie did not want her parents to know. He said he could not get appropriate help. He said this was around December 2014 to January 2015. During the Christmas break.

[299] He said at the birthday party in February, Trae looked high and he was drinking. Elsworth Worrie said he tried to help Trae into a vehicle and Trae pushed him away. He said Trae got up in the morning and went outside without a coat. He got up early to get a Subway sandwich.

[300] Elsworth Worrie testified that Juanita Campbell called him up saying something was wrong with Trae and he went upstairs. He said when his daughter screamed from the basement Trae was hitting Judy Worrie. He said Trae was saying “there is nothing fucking wrong with me.”

[301] He said at the hospital he was angry with the family. He refused blood tests. Elsworth Worrie said Trae Worrie would speak to him but was angrier at his mother. Trae Worrie would not sit with him and threw away any food he gave him. Trae ate food given to him by Elsworth Worrie’s cousin, Oliver Gordon.

[302] Elsworth Worrie said they did not want Trae Worrie to leave the hospital. They were informed that Trae had left the hospital with his friends. When Trae was in Niagara there was not much contact. He said Trae, on occasion, contacted him asking for money. Trae did not want to get help.

[303] He said Trae, on one occasion, had a short lived job at Costco. He said Trae Worrie was unhappy with the idea of having to sleep in the basement. He said Trae did not leave the house. He was always home. He would block the windows. He was alone in the basement during the day. Elsworth Worrie said he knows that Trae was not using marihuana. Trae Worrie had cut off communication with his friends. He said all prescription drugs for Trae are paid for through work benefits for Elsworth and Judy Worrie. He said the old oxycodone bottle was prescribed after Trae’s surgery in 2012. He said he had no idea how that prescription bottle got into the garbage.

[304] Elsworth Worrie said he did not know that when Trae went to Dr. Shariff he asked for a prescription for marihuana. He said Trae’s weird behaviour around food occurred two weeks before the incident. He said, on the morning of the incident, Trae was not sleeping. He was in the dark in his room on his phone. He told Trae Worrie to get some sleep. Trae Worrie agreed.

CROWN REPLY EVIDENCE

22. DR. GREEN

[305] Dr. Green testified as an expert in the area of forensic psychology, both in relation to the interpretation of psychological tests as well as forensic observations in that context.

[306] Dr. Green said she first met Trae at an admission interview on May 21, 2015. She was there as part of the interview team led by Dr. Komer. Present were Dr. Komer her psychometrist, nursing staff and maybe a recreational therapist.

[307] She said the admission package included clinical records and the Crown brief. There was also a note from Dr. Gojer. Dr. Green said she observed Trae Worrie to have pressured speech when describing his delusions. “He had a low tone, mumbled and his speech felt rehearsed.” She said his presentation did not feel like a true presentation. Dr. Green said Dr. Komer directed her to conduct personality testing, some cognitive screening and to look at symptoms of over/under reporting.

[308] Dr. Green said, in addition to the testing, she considered information from the social worker. This included interviews of family members, nursing notes and observations and information from police reports. She also considered the results of tests administered by her psychometrist. Dr. Green said her role was to assist Dr. Komer with his opinion on the not criminally responsible question.

[309] Dr. Green said Trae’s psychometric testing began on June 2, 2015, but she was not sure about the date. The psychometrist did the testing over a number of days. The first test was the WRATR test which tested Trae’s cognitive abilities, for example his reading abilities. Trae Worrie scored 51 out of 55, a high score suggesting he is reading at a Grade 12 level. He did really well on this test.

[310] On June 2, 2018, the personality assessment inventory test was administered. Trae’s profile was determined to be invalid, which meant that he was exhibiting many uncommon themes. Dr Green said, because of the invalid score, she could not rely on the personality assessment inventory test for anything.

[311] On June 3, 2015, the SILS test was administered. This test measures crystallized intelligence and fluid intelligence. She said she could not explain Trae’s low score on the crystallized intelligence test. The second test, the fluid intelligence test, is a block abstraction test and Trae’s results were average. Dr. Green said his average test results does not support the schizophrenia diagnosis. She said schizophrenia patients are stuck in rigid thought patterns and usually do not do well on the abstract tests.

[312] Dr. Green said it is unusual when a patient scores relatively well on both the block pattern test and the abstraction test. Dr. Green said people with a true psychotic disorder usually score low on the test. The Minnesota Multiphasic personality test scores indicated that he was contradicting himself on his answers. She did not reach any conclusion based on the results of this test.

[313] An Anger Disorder test was administered. Dr. Green said, because of information she had of fights with his family, she concluded that the test result was not consistent with his past history of conflict with his family. The scores indicated that Trae had a high suspicion of people in his circle and she recommended cognitive interventions to deal with this.

[314] The psychometrist also administered the screening test for malingered symptoms, the SIMS test. Dr. Green said malingering refers to faking a psychiatric illness. She said Trae Worrie took the test on June 8, 2015. The SIMS test has a number of subscales. Trae Worrie did not have elevated scores on the neurological impairment subscale. His score on the affective disorder subscale was not elevated. His score on the amnestic disorders subscale was not elevated.

[315] Dr. Green said Trae Worrie’s scores were elevated on the psychosis subscale in item 30 on that test. He marked as true a statement that “the voices that I hear which others do not hear has – have never stopped since it – they happen.” Dr. Green said the fact that he marked as true “that they never stopped” is atypical of persons who are psychotic.

[316] Dr. Green said on item 58 Trae Worrie ticked true to “One day all of a sudden I began to hear one or more voices that other people couldn’t hear.” Dr Green said typically people who are psychotic do not just start to hear voices one day. There is a slow progression.

[317] Dr. Green referred to a book by forensic psychiatrists Phillip Resnick and James Noel, who she recognized as experts in the area of malingering and deception. The book states sudden onset of delusions may be a sign of malingering. She agreed with this opinion. She said Trae Worrie endorsed 6 out of 15 scales on the SIMS test, which indicated he should be screened for malingering.

[318] Dr. Green said Trae Worrie’s results endorsed the low intelligence – indication of an attempt to present lower cognitive functioning. His total score on the SIMS was 16. The clinical cut-off for determining whether a person is a genuine responder versus one who is malingering is 14. She described it as ruling out false positives from true negatives. That is when you want to rule out someone who is malingering. She said the SIMS is a well-accepted test.

[319] Dr. Green said, prior to interviewing Mr. Worrie on July 22, 2015, that she reviewed his scores on the MFAST test. She said this is a screening test for malingering. This test is aimed at getting at disingenuous psychiatric symptoms. Dr. Green said MFAST test results provided no evidence that Trae Worrie was malingering. Dr. Green said there was some inconsistency in Trae Worrie’s responses between the SIMS test and the MFAST test. Dr. Green said the inconsistency did not lead her to conclude that Trae Worrie was malingering. She said that the advantage of psychological tests is that they are objective.

[320] Dr. Green said the fact that Trae Worrie was writing on the PAI test may have affected his ability to attend to, and carefully respond to, the items. Dr. Green said when she interviewed Trae Worrie, he was cooperative and his mood was stable. He would smile without it being appropriate to the context. She said this was odd behaviour. His speech was clear and coherent. He was well groomed and fashionably dressed. He had good hygiene. He was oriented to time, person and place. He was lucid. He knew where he was and what day it was. There were no physical abnormalities such as him slouching over. This is one of the symptoms of catatonic schizophrenia. Dr. Green said she did not observe this in him.

[321] Dr. Green said she immediately started telling her that he was telepathic. She said this was atypical for schizophrenic patients. Dr Green also said Trae, at one point, said the government was placing a screw driver in his ear at that moment and he demonstrated no reaction to this internal stimuli. He was not looking around. Dr. Green said if someone is experiencing hallucinations there should be observable evidence that they are experiencing them. Dr Green said Trae was responsive to her questioning.

[322] Dr. Green said that he was able to give a coherent personal history. Dr. Green said this is not typical of someone experiencing psychosis. It is not unheard of, just outside the norm. She said you usually have to elicit delusional ideas for people suffering psychosis. She said Trae admitted to skipping classes because of the incubator and that his family would be raped if he did not leave. He said he was on academic withdrawal and he felt ashamed by this. He said he stayed in his apartment “just living, spending money, not cooking, buying pizza and things every day.” Dr. Green said inconsistencies between what Trae Worrie told her and others told her would be brought to Dr. Komer’s attention.

[323] Dr. Green said Trae admitted he was a marihuana smoker and that he had tried oxycodone for two weeks when he was 17 years old. Trae Worrie said his last use of opiates was at the end of March or early April, stopping approximately one week before the offences. Dr. Green said Trae Worrie did not endorse the use of other illicit substances. She said he reported to have been prescribed Risperidone for depression two weeks before the offences.

[324] Dr. Green said Trae Worrie spoke about becoming telepathic at an Ab-Soul concert and having a contract with the Illuminati. Dr. Green said Trae said the incubator allows people to communicate telepathically with him. He said the incubator would come at night and put needles in his balls and take his semen. Dr. Green said Trae expressed distress caused by the incubator, however, he appeared to vacillate during the interview. He said he made friends with people who wanted him to kill his family. He said these friends were four girls who work for the United States government.

[325] Dr. Green said Trae reported that God commanded him to kill his parents and grandparents because it was their time to go. He did not feel bad, just relief. Dr. Green said inconsistencies between what Trae told Dr. Gojer (that God instructed him to kill his grandparents) and what he told her (that four girls from the United States government told him to do it) should be clinically significant because such delusions should not change within a couple of months. Dr. Green said this was a unique case because Trae was going back and forth between being distressed by an abstract thing (the incubator) and not the actual physical thing of the government putting a screw in his ear.

[326] Dr. Green said Trae referred to, and described, omniscience as a power that makes the owner the smartest person in the world. Trae said he had given this power to his girlfriend, Shayland. Dr. Green said it appeared that Trae had incorporated a word from the WRAT test into his delusions. It was clinically significant that this was a new delusion and delusions typically develop over time.

[327] Dr. Green said people can develop sudden delusions after using drugs such as marihuana, crystal meth and sometimes cocaine. These symptoms usually resolve within a month of the last drug use. New research suggests that these benchmarks may not be accurate, especially with newer drugs such as crystal meth. Dr. Green said Trae described how: he had consumed a quarter of a mickey of Smirnoff and a beer; took time to select a knife; he asked God what to do and he said “if you are going to do it be solid in your actions”; he said he hesitated and debated if he should do it and that eventually it was time to go and he stated “so I managed to kill my grandfather, but my grandmother made it through the front door.”

[328] Dr. Green said that Trae was not emotional; he was organized not disoriented. She said while some may say this was part of schizophrenia, she opined Trae’s affect was shallow and more consistent with a personality disorder. Dr. Green said Trae never mentioned Satan.

[329] Dr. Green described Trae’s description to Dr Gojer that “Satan also came to him in his mind” as an image in October 2014. He said that he would only see Satan’s feet with-and there were messages above his head. He said that Satan wanted him to kill cancer. Whenever Satan spoke he said that his vision will become blurry and things will start shaking. His words sometimes came out as satanic red font, and its font was scary and dripping with blood. He could not see Satan’s face, he could only see a dark figure and he would only see his foot. Dr. Green said this is not a classic description of a visual hallucination. Dr. Green said that these comments are too gory. Dr. Green said because these reports were so distressing to Mr. Worrie she would have thought he would have reported this to someone in Waypoint in 2015 but it came up for the first time in his recent interview with Dr. Gojer.

[330] Dr. Green said this report about Satan could be something Trae had developed to help him cope with his situation. Dr. Green said Trae’s statement that Queen Elizabeth, Stephen Harper and Barack Obama are telling him that he would be acquitted of the charges is not a common phenomenon. However, it is not uncommon for people to comment on the possible impact of her report.

[331] Dr. Green said Trae’s direction to her to “Please put on the file that Obama Stephen Harper, Queen Elizabeth, Jesus, Buddha, Lucifer, all tell me I shall be acquitted” is not common but she has been given such direction by others in the past.

[332] Dr. Green said at the case conference with Dr. Komer and other clinicians, no one else raised these inconsistencies. She said she informed Dr. Komer of her observations at the case conferences. She said she believes that he thanked her for her report.

[333] Dr. Green said that the test results suggest that Trae does not have a thought disorder. She said on her observations and the material she reviewed, she would not describe Trae as floridly psychotic.

CROSS-EXAMINATION OF DR. GREEN

[334] Dr. Green said this is the first time she has testified at trial as an expert. She said she has testified as an expert in forensic assessments for at the ORB. She said, by the time she conducted the forensic assessment of Trae Worrie, she had conducted at least 50 forensic assessments. She estimates she had conducted at least 20 assessments on the issue of criminal responsibility by that time.

[335] Dr. Green said she was an important part of the clinical team assisting Dr. Komer who ultimately renders the opinion on criminal responsibility. Dr. Green said she selected the tests for Trae. She said these tests are not conducted for diagnostic purposes. The focus is to determine if a person is malingering. She said that this refers to feigning or exaggerating symptoms for a purpose.

[336] Dr. Green said her concerns about sudden onset of delusions or hallucinations will be assuaged if there is evidence of delusions or hallucinations six months in the period prior to the index offences. Dr. Green said sudden onset of symptoms is a red flag for malingering. Dr. Green said sudden onset of hallucinations and delusions is atypical, but are not unheard off.

[337] Dr. Green said Dr. Gojer and Dr. Komer have more clinical experience than she does. Dr. Green said she is aware of confirmation bias, however, there is no subjectivity in the interpretation of a test score, and there is simply a score. Dr. Green said the test scores are standardized and should not be affected by the manner in which the person carries out the test.

[338] Dr. Green said she reviewed the Waypoint clinical file. This included notes from Dr. Komer and notes from all clinical staff. Dr. Green said that Dr. Komer did not note that Trae’s presentation was rehearsed, however, it was her opinion that it felt rehearsed. Dr. Green said it was not her gut reaction that Trae was faking it. She just didn’t feel that he was genuine.

[339] Dr. Green said the DSM always requires you to have a suspicion of potential malingering with any of these medical and legal forensic types of evaluations. She said the suspicion is not a confirmation bias. Dr. Green agreed that she was the only one who felt that Trae’s report was rehearsed. Dr. Green said Dr. Komer probably told her to do a full complement of psychological tests, which includes a malingering assessment. Dr. Green said she is autonomous in the selection of tests.

[340] Dr. Green said she never said Trae Worrie’s recitation of the events was rehearsed. She said that his presentation felt rehearsed. She said she was referring to the incubator. She said it was a feeling she had, and she noted that during Trae Worrie’s admission he just launched into his presentation. Dr. Green said this is not a normal presentation for schizophrenia.

[341] Dr. Green said she had 15 years of relevant education prior to assessing Trae Worrie and everything is pretty fresh in her mind with including the issue of malingering. Dr. Green said in her opinion, when she saw Trae Worrie he was smirking not smiling inappropriately. She described it as a silly but not scornful smile. She agreed that this was her subjective opinion.

[342] Dr. Green said she co-authored an article with a Dr. Hilton. She said Dr. Hilton submitted the article to the “Journal of Interpersonal Violence.” Dr. Green said she is not biased. She said she is autonomous and works within a hospital environment.

[343] Dr. Green agreed that persons who are taking the tests could have bad days. Dr. Green said all she knows is that the psychometrist spoke to the nurses and was told it was a good day to test Trae. Dr. Green said she has no idea if the psychometrist’s reviewed the nurse’s notes to determine how Trae was doing that day.

[344] Dr. Green said there are a number of different reasons why Trae failed to produce some valid results. Dr. Green said the fact that Trae said “the incubator told me “I’m speaking to the incubator, they inform my questions with answers, to that effect” was noted in the psychological report. She believes Dr. Komer was already aware of this. She said her report goes to Dr. Komer. It is discussed within the context of the case conference.

[345] Dr. Green agreed that the admission nurses’ description of Trae Worrie’s speech upon his admission to Waypoint is that his speech or tone appeared normal. Dr. Green says, in her experience when admitting patients, unless there is something remarkable, nurses will go through and tick boxes on the admission form.

[346] Dr. Green agreed there is a nurse’s note dated June 2, which states that Trae had asked that his toilet be removed because it was interfering with the incubator. She said this was the same day. The psychometrist went to see Trae to conduct the first battery of tests. He said the psychometrist could have put off the test.

[347] Dr. Green said that Trae’s statement to the psychometrist that while he was doing the test. The incubator was interfering with his answering the questions, is a possible explanation for the invalidity of the personality inventory test, however, it did not seem to have invalidated his fluid intelligence test. Dr. Green said this is where she really thinks it would have been interfering.

[348] Dr. Green said she’s aware that it is Dr. Komer’s opinion that Trae was suffering from a mental disorder such that he did not appreciate that what he was doing was morally wrong.

[349] Dr. Green said Trae Worrie’s incorporation of the word omniscience in his reports, a month and half later, is a notable event. Dr. Green said the fact that Trae wrote in the margins of the personality inventory test is not uncommon. Dr. Green said Trae Worrie’s test results on this test did not generate a valid profile.

[350] Dr. Green said she had the opportunity to observe Trae often at the hospital where she was employed full-time. She said she periodically observed his clothing and interaction styles. She said she has distinct recollections of his attire and his physical presentation. She said if she observed something noteworthy to incorporate it into her report she would have noted it. Dr. Green said Dr Komer is a consultant and visits the hospital once or twice a week. Dr. Green said she conducted one clinical interview with Trae.

[351] Dr. Green said she has never seen Dr. Komer’s final report. Dr. Green said the focus of the assessment was not diagnosis but rather an assessment of his test-taking abilities. Dr. Green said she never said that Trae malingered. She said she cannot express that opinion based on information she had available to her.

[352] Dr. Green said she did not speak with Trae’s mother or any family members. She said that family interviews is the focus of the social worker and she does not step on the toes of the social worker. Dr. Green said Dr. Kumar also relies on the reports of the social worker for information from the family.

[353] Dr. Green said she looked at the notes of the clinical staff prior to conducting the interview of Mr. Worrie. She said any note indicating otherwise was an error by the psychometrist.

[354] Dr. Green said the fact that something is clinically significant does not lend itself to the notion of malingering. It just indicates that it is clinically significant for her to consider. Dr. Green said she does not make an assertion based on a single test. Test assessments are based on a compilation of evidence which includes psychological testing, the clinical interview, and collateral source information.

[355] Dr. Green said there is no evidence to support a definitive diagnosis of malingering or even a provisional diagnosis of malingering. Dr. Green said a mental illness without medication can deteriorate over time. Dr. Green said the literature indicates that multiple forms of hallucinations is atypical and may be signs of malingering. Dr. Green said there were some collateral sources that were not available to her for consideration.

[356] Dr. Green said when a person has posted the contents of the Reddit posted on the Internet, months before the index offence, this would lend some degree of credibility to a later complaint of what was what was happening to them. Dr. Green said this is subject to the caveat that we do not know the post was caused by schizophrenia or if it was a drug-induced psychosis or something like that.

[357] Dr. Green said, with respect to Trae Worrie, we know that around the same time as the Reddit post, he had been abusing marihuana and experimenting with oxycodone. By the time Trae was speaking to the clinical team at Waypoint, he had been a heavy marihuana user.

[358] Dr. Green said, in Kate Whiting’s report, she noted that Trae Worrie was thought blocking, but did not indicate what that meant to her as a social worker. Dr. Green agreed that there was significant collateral information to support a schizophrenia diagnosis. Dr. Green said that, at that time, Trae was engaged in heavy marihuana use. Dr. Green said according to the DMS, drug-induced psychosis resolves within a month after use ceases. She noted that there is also research indicating that effects of drug use last much longer than a month.

[359] Dr. Green said that marihuana use could exacerbate a symptom of schizophrenia. She said once that marihuana use has halted, the effects of its use would not necessarily dissipate. Dr. Green said she is not 100% sure of the month timeline because of new research.

RE-EXAMINATION OF DR. GREEN

[360] Dr. Green said her opinion that sudden onset of delusions and hallucinations is rare and requires evaluation for malingering is supported by the literature written by Richard Rodgers, who is identified as a person with expertise in the area of malingering and deception.

[361] Dr. Green said that her observation that Mr. Worrie was smirking conveyed to her a sense of smugness and silliness. Dr. Green said the article in the Journal of Interpersonal Violence was published in 2016. It was called “adverse childhood experiences and criminal propensity among intimate partner violence offenders.” Dr. Green said this is a peer-reviewed journal. She explained that article looked at predictors of violence and looking at ideas to help address violence. The goal was to help society and to help people who commit violent offenses to mitigate beforehand.

[362] Dr. Green said one of the considerations in determining whether Trae should take a test is his state of wellness. There are also issues related to the safety of the psychometrist, as well as Trae’s safety. Dr. Green said the fact that Trae had delusions is not a reason for him not to participate in psychometric testing.

[363] Dr. Green said Dr. Komer’s note about Trae Worrie’s comments that while he was taking the test, people were speaking to him through the incubator and that this would influence his answers in the sense that he would think of an answer and they would say something to him, does not include a notation that this was a distressing situation for Mr. Worrie.

[364] Dr. Green said when the admitting nurse checked off “normal speech” for Mr. Worrie, this had nothing to do with his tone. It had more to do with his speech patterns. She said she made her observations that Trae had a low tone, independently. Dr. Green said the term “clinically significant” means there is something that is relevant to consider.

[365] Dr. Green said she made several observations that were clinically significant. These observation included that: there was “no overt evidence that Trae Worrie was responding to interim stimuli during the assessment”; Trae claimed that he was becoming distressed by the incubator, however, his opinion of the incubator appeared to vacillate during the interview; the observation that Trae Worrie smiled inappropriately and continued a lucid discussion without any apparent difficulty after he just announced that “the government had just tapped him and put a screw in his ear”; his use of the word omniscience (which was of interest because it did not appear in area claims of psychotic symptoms to waypoint staff); the sudden onset of psychotic symptoms while standing in line at the Ab-Soul concept; and that Trae scored 14 on the anger disorders scale.

[366] Dr. Green testified that the transfer note of Mr. Trae Worrie from the Maplehurst Correctional Centre, did not indicate that he was on any anti-psychotic medication. Dr. Green said when she saw Mr. Worrie on May 21, 2015, his claims of telepathy, the incubator and ESP were indicators of psychosis in terms of the delusional content.

[367] Dr. Green said the April 16, 2015, interview of Trae Worrie took place while he was medicated as a result of the Keep Fit Order. He was on anti-psychotic medication. She said medication should help to resolve symptoms rather than exacerbate them. She said she has no explanation for the fact that, while medicated, Trae gave a version to Dr. Komer that included Satan.

SUMMARY OF DEFENCE POSITION

[368] Mr. Worrie submits he is not criminally responsible by reason of mental disorder. He submits that, at the time of his actions, his mental disorder prevented him from knowing that his actions were wrong according to the moral standards of society. The evidence establishes that he was suffering from a mental illness and, as a result, saw his conduct as justified according to the norms of society. This is supported by the expert opinions of psychiatrists Dr. Komer and Dr. Gojer. Both experts had ample opportunity to observe and question Mr. Worrie.

[369] Mr. Worrie’s preposterous comments to both psychiatrists all support the opinions of Doctors Komer and Gojer. These comments include: Nithan Sharma’s description of Mr. Worrie’s claims of communicating telepathically with the artist at the Ab-Soul concert; the Reddit post where Mr. Worrie described himself as being “needeled”; testimony about his bizarre behavior at his home; the provisional diagnosis of schizophrenia by Dr. Phillips; nurses’ observations of Mr. Worrie during the Form 1 detention; descriptions of bizarre behavior observed by Mr. Worrie’s friends and family after his return from Niagara; the bizarre nature of the motiveless stabbings; Mr. Worrie’s erratic flight afterwards; “preposterous utterances” he made to Officer Joe Cardi about being a telepath and having a BBQ hotdog; reported observations of Mr. Worrie by Maplehurst nurse Carmen Ackerman; and Mr. Worrie’s “preposterous utterance” to Dr. Glancy that he “spoke to God.”

[370] Dr. Komer and Dr. Gojer thoroughly considered the conclusions of Dr. Green. Dr. Green did not conclude that Mr. Worrie was malingering. There is no basis to conclude that Mr. Worrie was malingering or that either expert failed to carefully consider Dr. Green’s report. There is no evidence of a motive for his actions and no evidence of drug-induced psychosis. Mr. Worrie should be found not criminally responsible by reason of a mental disorder.

SUMMARY OF CROWN’S POSITION

[371] Mr. Worrie’s defence of Not Criminally Responsible by Reason of Mental Disorder must be rejected. There is no admissible evidence to provide the factual foundation for the psychiatric experts’ opinion that he killed his grandparents to be free of the incubator and, that by reason of his mental disorder, he did not believe his actions to be morally wrong. Therefore, the expert opinions must be given no weight.

[372] Secondly, the experts Dr. Komer and Dr. Green did not dismiss the concerns raised by Dr. Green on a principled basis. The experts were not objective, as they summarily dismissed any evidence that was inconsistent with their opinion. Evidence about Mr. Worrie’s conduct before and after the offences demonstrates that he appreciated the nature and consequences of his acts and that he knew his actions were morally or legally wrong.

[373] Evidence of the circumstances leading up to the attack including: details of the attack; the number, nature and location of the injuries sustained by the grandparents as well as the description of Mr. Worrie’s behavior during the attack all establish that Mr. Worrie intended to kill both of his grandparents. The Crown submits he is guilty of the second degree murder of his grandfather and attempted murder of his grandmother.

POST-OFFENCE CONDUCT

[374] As Ryan Buchanan approached Juanita Campbell, he saw a black male running. Guiseppe Mark Antonio, Rana Cassar, Lilowtie Ramdeo all saw a black male running on streets on the neighbourhood where the crime took place. I conclude that this male was Trae Worrie. The parties agreed on the path and distance Trae Worrie travelled following the incident on April 16, 2015. Beata Turczak described phone calls Mr. Worrie made and text messages he sent after the incident. Nithan Sharma and Harsh Pal confirmed that some of the phone calls and text messages were to their phone numbers. One of the phone calls Mr. Worrie made after the incident was to a taxi company. Constable Cardi arrested Mr. Worrie on the date of the offence and in the neighbourhood where the crime occurred.

[375] Immediately after he killed his grandfather and attempted to kill his grandmother, Trae Worrie collected his phone, charger, money, wallet and fled the scene of the crime on foot. He: took cover behind or beside neighbouring homes along the way; sent texts to friends; called a taxi; discarded his blood-soaked t-shirt and washed/cleaned his hands in a body of standing water. Considering Mr. Worrie’s post-offence conduct, together with all of the other evidence, there are no other reasonable explanations available other than the only rational inference, which is that Trae Worrie did these things in an effort to evade arrest for the offences he had committed.

EXPERT EVIDENCE

[376] The defence tendered two expert forensic psychiatrists, Dr. Komer and Dr. Gojer, to offer an opinion as to whether Mr. Trae Worrie is criminally responsible and whether he was suffering from a major mental illness at the time of the offences.

[377] Dr. Green was a Crown expert. She gave expert testimony in the area of forensic psychological assessment, both in relation to the interpretation of psychological tests, as well as in forensic observations in that context.

[378] In considering the relevant expert evidence, I am mindful of the evidentiary principles described in R. v. Worrie, 2019 ONSC 4548, at paras. 65, 66 and 55 as follows:

An accused cannot lead evidence from an expert to prove that what he told the expert about his delusions or his mental illness is true. This evidence is hearsay: R. v. Abbey, 1982 25 (SCC), [1982] 2 S.C.R. 24, at pp. 411-2; and W.G.F., at para. 432. Under these circumstances, the protected statement can be introduced, not for the truth of its contents, but for the purpose of showing the basis for the expert’s opinion. One of the ways a trier of fact can determine what weight to give to an expert’s opinion is to examine the basis for that opinion.

The protected statement is hearsay evidence. Where the expert’s opinion is based on hearsay and non-hearsay evidence, there is a direct correlation between the weight placed on the expert’s opinion and the quality of the hearsay evidence: R. v. Lavallee, 1990 95 (SCC), [1990] 1 S.C.R. 852, at pp. 893, 897; Palma, at pp. 7-15; and W.G.F., at para. 432.

Preposterous statements made by an accused are admissible as original suffers from a mental disorder: R. v. Kirkby (1985), 1985 3646 (ON CA), 21 C.C.C. (3d) 31 (Ont. C.A.), at pp. 54-56. Those statements are not offered as proof of any fact asserted in them and are therefore not hearsay: R. v. Fell, 2003 49919 (Ont. S.C.) (“W.G.F.”), at para. 434.

USE OF TRAE WORRIE’S STATEMENTS FOR A NON-HEARSAY PURPOSE

[379] There is no basis to conclude that the statements attributed to Trae Worrie were not made by him. I conclude that Trae Worrie made the statements listed below. These statements are not admitted for the truth of their contents but for the non-hearsay purpose of establishing that he said the things attributed to him. Some of these statements include:

a) Juanita Campbell said that, the day after Trae Worrie’s birthday party, Mr. Worrie said he was going to “box” his grandparents. She also said he was swearing at them and using the “F word.” She said that Mr. Worrie had asked her husband and herself for his room back on more than one occasion and that they denied him the room. I find that this was the reason why Sam and Juanita Campbell were afraid of Mr. Worrie and this is why they denied him his room.

b) Elsworth Worrie said Trae Worrie approached him and apologized for the fighting in February 2015 and asked for his room back. Elsworth said he told Trae Worrie no because he wanted Trae to stay downstairs and to show him that the family loved him. Judy Worrie said she explained to Trae Worrie that she wanted him downstairs with them because she did not want him to feel alone. I accept Elsworth and Judy Worrie’s evidence.

c) That Officer Cardi said that Mr. Worrie told him that he was a telepath during the arrest. This evidence is of a preposterous or delusional nature and is evidence of Mr. Worrie’s mental state at the time that he said it. This is evidence used by the experts as some evidence to support an opinion that he was suffering from a mental disorder (such as schizophrenia) at the time he said it and, therefore, circumstantially at the time he committed the offences.

d) Kate Whiting testified that Mr. Worrie told her that he had been in an argument with his family because they wanted him to get help regarding his drug use. He was frustrated with his mother and sister because they said that his marihuana smoking had contributed to him failing school. He denied any hallucinations, voices or delusions.

e) Nursing notes from the time Mr. Worrie spent on the Form 1 in February 2015 at Exhibit 13. The words attributed to Mr. Worrie in those notes indicate what he said to the nurses in February 2015.

f) Harsh Pal said that when Mr. Worrie was released from the hospital, he told Mr. Pal that he got in a fight with his parents, that they called the police and that he was upset with his parents and did not want to go home. Mr. Pal also testified about what his brother, Jashan, said Mr. Worrie told him.

g) Carmen Ackerman said, when Mr. Worrie was admitted to Maplehurst Correctional Facility, Mr. Worrie denied experiencing any hallucinations, delusions or voices.

h) Dr. Shariff, testified that Mr. Worrie said he was depressed because he left school early, that he desired a prescription for medical marihuana, and that he denied any hallucinations, delusions or voices. Dr. Shariff testified that he diagnosed Mr. Worrie with depression.

i) Elsworth and Judy Worrie said Mr. Worrie expressed concern that his food was being poisoned. This is evidence of preposterous or delusional nature, going to Mr. Worrie’s state of mind at the time he said he was being poisoned. This is circumstantial evidence of Mr. Worrie’s state of mind at a later time – i.e. when he committed the offences. I consider this evidence in assessing the opinions of Dr. Komer and Dr. Gojer that Mr. Worrie is now and was at the time of the offences, suffering from a mental disorder.

j) Nitan Sharma stated that Mr. Worrie said that the artist Ab-Soul was communicating with him through his music. This is a statement of a preposterous or delusional nature. It is evidence of Mr. Worrie’s mental state at the time that it was said. It is also circumstantial evidence of Mr. Worrie’s mental state at the time he committed the offence. The weight of this evidence is influenced by issues proximity and contemporaneity. I consider this evidence in assessing the opinions of Dr. Komer and Dr. Gojer that Mr. Worrie is now and was at the time of the offences, suffering from a mental disorder.

k) Dr. Komer, Dr. Gojer and Dr. Green said that Mr. Worrie described circumstances that the doctors concluded were delusions, hallucinations and voices. This is evidence of Mr. Worrie’s mental state at the time he was making the utterances to these doctors. This is circumstantial evidence that can be used to assess Dr. Komer and Dr. Gojer’s opinions that Mr. Worrie suffers from a mental disorder and that he was suffering from it at the time of the offence. This evidence is hearsay and what I cannot do is use this evidence about what Mr. Worrie said for its truth – namely that he was told by God, Jesus, the government, the illuminati, chief, Satan, or anyone else, to kill his family when he committed these offences.

l) Dr. Green, described things Mr. Worrie wrote in response to the questions he was asked during the psychological testing – both by circling the answer or writing in the margins. Again, those things said by Mr. Worrie are not to be used for the truth of their contents, but I can rely on the results of the psychological testing, as testified to by Dr. Green.

m) There is an agreed statement of facts regarding the evidence of three psychiatrists who saw Mr. Worrie at Maplehurst. What Mr. Worrie said to any of them is hearsay, however, such evidence is admissible to establish what was said for the fact that it was said and when it was said in the chronology of events. The experts (Dr. Komer, Dr. Gojer and Dr. Green) relied on what Trae Worrie said to them and others (for example Officer Cardi, Kate Whiting, Caroline Ackerman, Harsh Pal, Nitan Sharma, Elsworth Worrie, Judy Worrie, Juanita Campbell, Dr. Green, Dr. Komer, Dr. Gojer and Dr. Shariff). This evidence is hearsay, and can be used to assess the opinions of the experts but may not be relied on as proven facts in assessing the experts’ opinions.

n) Inconsistencies between what Trae Worrie said to the experts and others (for example Officer Cardi, Kate Whiting, Caroline Ackerman, Harsh Pal, Nitan Sharma, Elsworth Worrie, Judy Worrie, Juanita Campbell, Dr. Green, Dr. Komer, Dr. Gojer and Dr. Shariff) can be used in deciding the what weight I give to the opinions of Dr. Komer and Dr. Gojer.

o) Exhibit 24 is an agreed statement of facts on the “Reddit” post. In an agreed statement of facts, Ms. Kraftscik said Trae Worrie gave her the user name “ztrae” and she searched the “Reddit” website under that name. Ms. Kraftscik’s reports do not make reference to a conversation with Trae about Reddit and she does not recall a conversation with him about Reddit or when she searched the Reddit website.

p) I find that Mr. Worrie posted the comments on Reddit and that those comments are preposterous and constitute original evidence of his state of mind at the time he made them.

DISCUSSION/ANALYSIS

Did Trae Worrie Unlawfully Kill Sam Campbell and Attempt To Kill Juanita Campbell?

[380] The Crown must prove beyond a reasonable doubt that Mr. Worrie unlawfully killed Samuel Campbell and attempted to kill Juanita Campbell: R. v. Maybin, 2012 SCC 24, [2012] 283 C.C.C. (3d) 275. This is not disputed. I accept Juanita Campbell’s evidence that Mr. Worrie stabbed her and Mr. Campbell. I also accept that Ms. Campbell escaped from Mr. Worrie and that Ryan Buchanan came to her aid. Mr. Buchanan saw a man running away from the scene and this man was Trae Worrie. It was Mr. Worrie who Guiseppe Mark-Antonio, Rana Cassar, Lilowtie Ramdeo and Mattoe Gentili all saw running erratically along the route agreed upon by the parties.

[381] Constable Walker discovered Mr. Campbell fatally wounded on scene. Paramedic Shawn Weiglel attended to Ms. Campbell on scene and on route to the hospital. The parties have agreed that the injuries Mr. Campbell and Ms. Campbell sustained were inflicted by Mr. Worrie. Mr. Campbell died of his injuries. Ms. Campbell was hospitalized for several weeks and recovered.

[382] It is not in dispute, and there is overwhelming evidence to satisfy me beyond a reasonable doubt, that Trae Worrie committed an unlawful act by killing Sam Campbell and attempting to kill Juanita Campbell. I will now consider the next question.

Is Trae Worrie Criminally Responsible For Having Unlawfully Killed Sam Campbell and Stabbed Juanita Campbell?

[383] Section 672.34 of the Criminal Code mandates the not criminally responsible by reason of mental disorder defence as follows:

Where the jury, or the judge or provincial court judge where there is no jury, finds that an accused committed the act or made the omission that formed the basis of the offence charged, but was at the time suffering from mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), the jury or the judge shall render a verdict that the accused committed the act or made the omission but is not criminally responsible on account of mental disorder.

[384] Every person is presumed not to suffer from a mental disability: Criminal Code, s. 16(2). This presumption can be rebutted by demonstrating that, when the act or omission was committed: 1) the person was suffering from a mental disorder; 2) the mental disorder rendered the person incapable of appreciating the nature and quality of his actions, or 3) the mental disorder rendered the person incapable of knowing that the act or omission is wrong. This is the defence of not criminally responsible by reason of mental disorder (NCR): Criminal Code, s. 16(1); R. v. Oommen, 62 C.C.C.(3d) affirming (1993), 1993 ABCA 131, 21 C.R. (4th) 117 (Alta. C.A.).

[385] The person who asserts that the defence of NCR has the burden of proof, on a balance of probabilities: Criminal Code 16(3).

WasTrae Worrie suffering from a Mental Disorder at the time of the stabbings?

[386] A mental disorder is a disease of the mind. It is a factual determination made by the trier of fact after considering all of the evidence: R. v. Bouchard – Leburn, 2011 SCC 58. Self-induced states caused by alcohol, drugs or transitory mental states, such as concussion or hysteria, are excluded: Cooper v. R., 1979 63 (SCC), [1980] 1 S.C.R. 1149.

[387] Dr. Komer testified that, in his opinion, Trae Worrie was suffering from schizoaffective disorder a mental disorder at the time of the stabbing. Dr. Gojer testified that, in his opinion, Mr. Worrie was suffering from schizophrenia at the time of the stabbing. In the opinions of both doctors, Mr. Worrie’s mind and its functioning were impaired by a mental disorder at the time of the stabbing. They both concluded that Mr. Worrie was experiencing psychosis, stemming from a diagnosed chronic mental disorder. In the opinion of both experts, the mental disorder is not caused by marihuana or any other drug use.

[388] The statements Mr. Worrie made to the doctors Komer, Gojer and Green are hearsay, and inadmissible for the truth of their contents. However, the statements of Mr. Worrie to Dr. Komer, Dr. Gojer, Dr. Green, Nitan Sharma, Constable Cardi and others (which are of a preposterous nature) are admissible as original evidence of Mr. Worrie’s state of mind at the time he made those statements. These statements may also be used as circumstantial evidence regarding whether Mr. Worrie had a mental disorder at the time when he stabbed Sam and Juanita Campbell.

[389] The proximity or contemporaneity of such preposterous statements to the stabbing is an important consideration when determining the weight I accord such statements. It is also important in determining whether Mr. Worrie had a mental disorder at the time of the stabbing. Proximity is defined as “nearness in time” and contemporaneity is defined as “existing or occurring at the same time.” Preposterous statements with less contemporaneity or proximity to the event may have less weight.

[390] In terms of proximity and contemporaneity, the stabbing took place on April 16, 2015, and Mr. Worrie made these preposterous statements to Dr. Komer between May 21, 2015 and September 3, 2015. Mr. Worrie spoke to Dr. Gojer some days after the stabbing on April 29, 2015, May 19, 2018, and May 20, 2018. Mr. Worrie’s comments to Dr. Glancy were made on April 24, 2015. Lastly, Mr. Worrie’s statements to Officer Cardi were made on the date of the stabbing, April 16, 2015.

[391] I have previously described statements Mr. Worrie made to family members, friends, medical practitioners, Officer Cardi, Dr. Komer, Dr. Gojer and Dr. Green. This includes the preposterous statements Mr. Worrie made to some of these persons. I have also previously described observations of several of these persons about Mr. Worrie’s behaviour and summarised the expert opinions of doctors Komer, Green and Gojer. Evidence suggesting the presence of a mental disorder at the time of Mr. Worrie’s actions include:

a) Mr. Worrie’s statements to Dr. Komer and Dr. Gojer that he heard voices and received instructions from the incubator. These preposterous statements constitute original evidence of Mr. Worrie’s state of mind when he made the statements. Mr. Worrie’s statement to Officer Cardi that he was a “telepath” is another preposterous statement, as was his statement to Dr. Glancy that “God speaks to him.”

b) Observations of clinical staff, Mr. Worrie’s parents, Juanita Campbell, Nitan Sharma and Harsh Pal about abnormal behaviour exhibited by Trae Worrie.

c) Absence of evidence of drug use prior to the stabbing.

d) Nitan Sharma’s account of Mr. Worrie’s psychotic delusional episode at an Ab-Soul concert in October 2014.

e) Indications that Trae suffered from hallucinations at least as of February 9, 2015, when he made his Reddit post. The provisional diagnosis that Mr. Worrie was possibly suffering from schizophrenia when he was hospitalized in February 2015.

f) The admitting nurse at Maplehurst Correctional Centre noted Mr. Worrie was experiencing potential hallucinations.

g) Mr. Worrie’s series of preposterous statements, which include: telling Constable Cardi that he was telepathic and that he spoke to God shortly after stabbing Mr. & Mrs. Campbell; telling Dr. Clancy that he spoke to God and telling Dr. Komer that he killed Mr. Campbell and attempted to kill Mrs. Campbell on the instructions of Jesus, God and/or the government (to Dr. Gojer he included Satan), in order to escape “the incubator”; that Mr. Worrie claimed that the incubator was an entity through which he could speak to prominent people around the world, his family and others; and that the incubator also needled and assaulted him while he was sleeping. These statements are evidence that he was suffering from a mental illness at the time he made the statements.

[392] Mr. Worrie’s statements to Dr. Gojer and Dr. Komer about why he killed his grandfather and attempted to kill his grandmother are hearsay. These statements cannot be relied on for the truth of their contents – i.e. as proof of the reason why Mr. Worrie killed his grandfather and tried to kill his grandmother. Dr. Komer and Dr. Gojer relied on Mr. Worrie’s statements to them, in addition to other evidence, to form their opinions on the NCR issue. This is a mixture of hearsay and non-hearsay evidence. I will assess what weight to give to the hearsay evidence as I consider all the relevant evidence: Abbey, Lavallee.

[393] Evidence that detracts from a finding of a likelihood of mental disorder at the time of the stabbing is evidence of possible drug-induced psychosis. This evidence includes:

a) Testimony that Mr. Worrie is a heavy marihuana user who began his marihuana use at age 15 or 16.

b) Evidence of abnormal behavior when Mr. Worrie consumes marihuana.

c) When Mr. Worrie’s friends went to pick him up from Niagara to celebrate his birthday, they discovered that he had been heavily abusing marihuana. Proximate to his abuse of marihuana is the fact that, the day after his return home, his grandmother and his parents observed him engaging in unusual behavior. Such behaviour includes: sliding up and down the bannister and assaulting his mother while making comments which suggested he did not know who he mother was.

d) Mr. Worrie’s use of drugs at the Ab-Soul concert at the time of his psychotic episode at the concert during which he expressed an ability to communicate telepathically with the performer.

e) Mr. Worrie told the nurse at the hospital that his family was talking to him about his drug use and that he physically lashed out because he was frustrated.

f) When Mr. Worrie saw Dr. Shariff, he requested a prescription for marihuana. Dr. Shariff diagnosed him as depressed, and referred him to treatment for marihuana addiction. I note, however, that despite the depression diagnosis, Dr. Shariff prescribed an anti-psychotic medication.

g) Mr. Worrie’s friend noted that Mr. Worrie’s behavior would become abnormal when he consumed marihuana.

h) Mr. Worrie was examined at different times by Dr. Phillips, Dr. Voruganti, Dr. Glancy and Dr. Rehaluk. None of these doctors diagnosed him as having a mental disorder, however, none of the doctors had an opportunity to conduct an in-depth assessment like the ones conducted by doctors Komer and Gojer.

i) The post-offence conduct of Mr. Worrie illustrates some rational thought and planning in an effort to evade authorities.

[394] All these factors were considered by doctors Komer and Gojer. I am unable to give much weight to Mr. Worrie’s hearsay comments to the experts about why he killed his grandfather and attempted to kill his grandmother, however on balance, I am satisfied that it is more likely than not that Mr. Worrie was not suffering from a drug-induced psychosis during the time of the offences. He was suffering from a mental disorder as described by the experts: schizophrenia and/or schizoaffective disorder.

Did the mental disorder Trae Worrie suffered from at the time of the stabbings render him incapable of appreciating the nature and quality of his actions?

[395] Answering this question involves an assessment of the impact of Mr. Worrie’s mental disorder on his ability to appreciate the physical consequences of his actions. This refers to impacts of his mental disorder on his capacity to understand the character and consequences of his actions: R. v. Landry, 1991 114 (SCC), [1991] 1 S.C.R. 99 C.R.; Cooper v. R. 1979 63 (SCC), [1980] 1 S.C.R. 1149.

[396] Dr. Komer and Dr. Gojer both expressed the opinion that, despite suffering from a mental disorder at the time of the stabbing, Mr. Worrie was capable of appreciating the nature and qualityof his conduct. Dr. Komer and Dr. Gojer based their opinions on Mr. Worrie’s self-report, his post-offence conduct and evidence leading up to the stabbing. In Mr. Worrie’s self-report, he noted that he stabbed his grandparents because of instructions from the government, Jesus, Satan and the incubator that he had to kill his family to be free from the incubator. Dr. Komer and Dr. Gojer acknowledged that there were inconsistencies in Mr. Worries self-reporting, but they believed this was a symptom of his illness.

[397] The defense concedes that, at the time the offences, Mr. Worrie could appreciatethe nature and quality of his conduct. He knew that his conduct (the stabbing) could result in the death of Samuel and Juanita Campbell.

[398] Even without this concession, the observations made of Mr. Worrie and statements attributed to him, as well as the circumstances of the offences – including Mr. Worrie’s post-offence conduct – provides overwhelming evidence that it is more likely than not Mr. Worrie was capable of appreciating the nature and quality of his actions at the time of the stabbings, despite his mental disorder(s).

Did the Mental Disorder Trae Worrie suffered from at the time of the stabbing render him incapable of knowing that his actions were wrong?

[399] Through out this NCR analysis, I have considered the opinions of the experts and the evidence in its entirety, however, I refer primarily to aspects of the experts’ opinion that cause me concern.

[400] The knowledge of wrongfulness requires an assessment of whether Mr. Worrie, by reason of mental disorder, was incapable of knowing that his conduct was wrong – i.e. that as a result of his mental disorder, he lacked the capability to make a rational choice about whether his actions were right or wrong: R. v. Oommen, 1994 101 (SCC), [1994] 2 S.C.R. 507.

[401] “Wrong,” in this context, refers to morality according to the accepted standards of society. The question is whether Mr. Worrie’s mental disorder rendered him incapable of appreciating that his conduct was wrong according to the moral standards of society: R. v. Chaulk, 1990 34 (SCC), [1990] 3 S.C.R. 1303. The crux of the inquiry is whether the accused “lacks the capacity to rationally decide whether the act is right or wrong and hence to make a rational choice about whether to do it or not…..[T]he issue is whether the accused possessed the capacity present in the ordinary person to know that the act in question was wrong having regard to the everyday standards of the ordinary person”: Oommen.

[402] Dr. Komer and Dr. Gojer both expressed the opinion that, at the time of the stabbing, Mr. Worrie was incapable of knowing that his conduct was wrong because of a mental disorder. I am unable to accept this conclusion for the reasons articulated below. Each stated reason when considered singularly or cumulatively, viewed in accordance with the everyday perspective of the ordinary person, lead me to conclude that it is more likely than not that Mr. Worrie was capable of appreciating that his conduct was wrong according to the moral standards of society at the time of the offences, despite his mental disorder(s).

INSUFFICIENT EVIDENCE:

[403] As previously described, the evidence here includes statements made by Mr. Worrie to his family, friends, medical practitioners and the experts. Some of these statements were preposterous statements. In addition, there are observations made by these persons about Mr. Worrie’s behaviour. This evidence is a mixture of hearsay and non hearsay. Each piece of evidence constitutes a sequence of events prior to and after the stabbings. As such, I consider the evidentiary chain cumulatively and not in isolation. Dr. Gojer’s analogy of following the evidence the same way as one would follow footprints in the snow, is useful.

[404] Except for demonstrating that Mr. Worrie suffered from a mental disorder at the time of the stabbing, I do not find any of the statements or observations made by, or about, Mr. Worrie to be particularly helpful in demonstrating that Mr. Worrie was incapable of appreciating that his conduct was wrong according to the moral standards of society at the time of the offences. The exception is Mr. Worrie’s self-report to the experts, which is the only account explaining his decision to stab the victims. This conclusion is unchanged whether Mr. Worrie’s self-reports are viewed in isolation, or in conjunction, with all the evidence. I adopt the latter approach.

[405] In the context of all the evidence, I can give Mr. Worrie’s hearsay explanation to the experts very little weight. In effect, the footprints fail to take me to “the destination” – which is, to prove that at the time of the stabbing, it is more likely than not that Mr. Worrie’s mental disorder rendered him incapable of appreciating that his conduct was wrong according to the moral standards of society.

CONSIDERATION OF THE RESULTS OF DR. GREEN’S TESTING:

[406] Dr. Green did not make a finding that Mr. Worrie was malingering or feigning his symptoms. Dr. Green identified the following areas of concern:

Mr. Worrie’s pressured speech did not seem genuine and appeared rehearsed;
Mr. Worrie endorsed many uncommon themes during the test, thereby generating an invalid score on the personality assessment inventory test;
his performance on crystallized intelligence and fluid intelligence tests was average, which did not support a schizophrenia diagnosis because such patients usually do not do well on the abstract tests;
Mr. Worrie scored well on the block pattern and abstraction test and this is unusual for people with a true psychotic disorder;
personality test scores showed that Mr. Worrie was contradicting himself on the answers he provided;
Dr. Green could not form any conclusion from this test; and
in the context of Mr. Worrie’s past history of conflict with his family, his scores on the Anger Disorder test were not consistent with this history.

[407] Further concerns include: Mr. Worrie’s elevated scores on the psychosis subscale (item 30 on that test); he marked as true the statement that “the voices that I hear which others do not hear has – have never stopped since it – they happen,” which was an atypical answer for a psychotic person; test results suggested that Mr. Worrie attempted to present lower cognitive functioning; and that Mr. Worrie immediately started telling Dr. Green that he was telepathic. This final point was noted to be atypical for schizophrenic patients, and Mr. Worrie said the government was placing a screw in his ear without showing any observable stimuli.

[408] Dr. Green opined from her test results that Mr. Worrie suffered from a personality disorder rather than schizophrenia. Dr. Green said that the test results suggest that Trae Worrie does not have a thought disorder. She brought her concerns to the attention of Dr. Komer.

[409] Dr Gojer did not consider Dr Green’s concerns. He simply dismissed them. For this and other reasons, I give Dr Gojer’s opinion little weight. Dr Komer considered Dr Green’s concerns however, when Dr Komer’s opinion is considered in the context of his conclusions on the relevance of Mr. Worrie’s post offence conduct, I conclude that Dr. Komer gave insufficient consideration to Dr. Green’s concerns.

INSUFFICIENT CONSIDERATION OF THE IMPACT OF MR. WORRIE’S POST-OFFENCE CONDUCT:

[410] I have previously described inconsistences in the explanations Mr. Worrie provided for some of his actions. This includes, for example, what he told the medical practitioners and the experts: his reason for leaving college in Niagara; his reason for attacking his mother; whether it was Jesus, God, Satan, the Pope, the government or the incubator who instructed him to kill his grandparents, his consumption of alcohol before the stabbing and how or why he selected the knife he used to stab the victims.

[411] Dr. Komer and Dr. Gojer attribute these inconsistencies to his deteriorating mental disorder. There were instances where Dr. Komer and Dr. Gojer’s analyses were overtaken only by the conclusion that, at the time of the stabbing, it was more likely than not that Mr. Worrie was suffering from a mental disorder.

[412] Dr. Komer discounted Mr. Worrie’s behaviour where it did not accord with Mr Worrie’s self-report. This includes, for example: running away when he believed that his actions were sanctioned by God; that God speaks through him and police would let him go if he was apprehended; discounting Mr. Worrie’s post-offence actions of running away; discarding his blood soaked t-shirt; hiding between houses; washing his hands; calling and texting friends for a ride and calling a taxi without providing any articulable reason why this was not relevant to answering whether, at the time of the stabbing, it was more likely than not that Mr. Worrie’s mental disorder rendered him incapable of appreciating that his conduct was wrong according to the moral standards of society.

[413] Dr. Komer explained Mr. Worrie’s seemingly rational action of taking his phone charger after the stabbing by speculating that the charger may already have been pugged into the phone. When asked to explain Mr. Worrie’s efforts to discard his blood-stained shirt after the offence, Dr. Komer described it as a not a good attempt at hiding the shirt and stated there was a 100% chance the police would find the blood-stained shirt. Dr. Komer testified that Mr. Worrie’s post-offence conduct did not change his opinion because, to do so, would be to ignore the fact that Mr. Worrie suffered from a major mental illness.

[414] Dr. Komer was not aware of (and therefore had not considered) evidence that, upon arrest, Mr. Worrie told Officer Cardi that he was a telepath. Dr. Komer speculated that Mr. Worrie did not tell Officer Cardi that he was instructed by God because he was not asked why he committed the offence. These examples illustrate instances where Dr. Komer showed a tendency to overemphasize the existence of mental disorder over the impacts of the mental disorder in his assessment of whether Trae’s actions were morally wrong according to the accepted standards of society.

[415] Dr. Gojer explained that Mr. Worrie ran because he did not want to be detained by the police. He agreed that Mr. Worrie’s post-offence conduct illustrated rational thought and indicate that Mr. Worrie knew what he had done was legally wrong.

[416] Dr. Gojer agreed that the statement to Officer Cardi that he was telepathic and could put the image of a barbeque hotdog in the police officer’s head, when viewed in the context of all the other evidence, leads him to conclude that Mr. Worrie knew what he was doing was legally wrong but thought it was morally right.

[417] The only reasonable inference that can be drawn from all of the evidence is that Mr. Worrie’s post-offence conduct illustrates behaviour inconsistent with an inability to make a rational choice whether or not to stab the victims at the time of the stabbing. His efforts to evade capture by the police illustrated an ability to exercise rational thought, despite his mental disorder. These actions not only demonstrate an appreciation of the nature of quality of his actions, but also, a knowledge that his conduct was morally wrong according to the standards of society.

[418] Having regard “to the everyday standards of the ordinary person,” Mr. Worrie’s post-offence conduct is incongruent with a conclusion that he was incapable of knowing his actions were morally wrong, according to the standards of society. This raises concerns about his veracity which required further consideration and articulation by the experts on how they reached the conclusion that the post-offence conduct was either not relevant or not an important consideration under “the morally wrong according to the standards of society test.” This leads me to place little weight on the expert opinion that at the time of the stabbing Mr. Worrie’s mental disorder rendered him incapable of appreciating that his conduct was wrong according to the moral standards of society.

ADDITIONAL CONSIDERATIONS:

[419] Dr. Komer did not easily concede that Mr. Worrie’s efforts to call his friends or a cab were efforts to flee the scene. Dr. Gojer was reluctant to concede that Mr. Worrie had not previously been diagnosed with schizophrenia and had only received a provisional diagnosis.

CONCLUSION:

[420] The evidence in support of the Dr Gojer and Dr Komer’s opinion is a mixture of hearsay and non hearsay evidence. Evidence of Trae’s reason for stabbing his grandparents is hearsay. This hearsay evidence forms the foundation for Dr. Komer and Dr. Gojer’s opinion. Even when considered together with all the other evidence, the quality of the hearsay evidence is poor and thus I place little weight on and do not accept the opinion of Dr Komer and Dr. Gojer on the NCR issue.

[421] In addition, even if I were to accord Trae’s statements to Drs. Komer, Gojer and Green significant weight, when viewed in the context of all of the evidence, his post offence conduct is incongruent with his statements. For example, Trae’s flight and active efforts to conceal evidence is inconsistent with his hearsay statement to Dr. Komer that God instructed him to do the stabbings and the police will let him go once he explained that God so instructed him. The only reasonable inference that can be drawn from all of Trae’s post offence conduct is that dispite suffering from a mental disorder Trae had the capacity to rationally decide that the act of stabbing his grandparents was morally wrong according to the accepted standards of society and made the rational choice to stab them. Also, within this context, I conclude that both experts did not give the concerns raised by Dr. Green sufficient consideration.

[422] Thus, I do not accept Dr. Gojer and Dr. Komer’s opinion that the post offence conduct is irrelevant in the analysis of whether Trae’s mental disorder rendered him incapable of knowing that his actions were morally wrong according to the accepted standards of society. Therefore, I place little weight on and do not accept the experts’ opinion that at the time of the stabbing, Mr. Worrie’s mental disorder rendered him incapable of knowing that his conduct was morally wrong according to the accepted standards of society. Mr. Worrie has failed to discharge his evidentiary burden.

WHAT CRIME DID TRAE WORRIE COMMIT?

[423] Although suffering from a mental illness, I am satisfied beyond a reasonable doubt that Mr. Worrie meant to kill Sam Campbell and meant to cause Sam Campbell bodily harm that Trae Worrie knew was likely to kill him. Mr. Worrie proceeded to stab Mr. Campbell with the intent of causing his death. This is not in dispute.

[424] Some of the evidence includes Juanita Campbell’s testimony. Evidence of witnesses who saw Mr. Worrie running from the scene and in the neighborhood. I have previously referred to this evidence as post-offence conduct evidence. Other evidence includes: the knife, Constable Kastelic’s description of the crime scene and the agreed facts describing Sam Campbell’s wounds, some of which were fatal.

[425] It is agreed that Mr. Worrie inflicted these wounds on Mr. Campbell. On April 17, 2015, Dr. Magdaleni Bellis, who is a Forensic Pathologist conducted the Post-mortem Examination of Samuel Campbell.

[426] Dr. Bellis examined Mr. Campbell and determined that he died as the result of blood loss from multiple stab wounds. Dr. Bellis noted sharp force injuries to Mr. Campbell’s head and neck. She noted ten injuries as penetrating stab wounds. The wounds ranged in size from 1.6 cm to 2.6 cm and were mostly situated on the left side of his face.

[427] The wound labelled “H” was medically significant because it penetrated Mr. Campbell’s left jaw and cut his left jugular vein. This was a fatal stab wound. Dr. Bellis also noted four sharp force injuries to Mr. Campbell’s chest (labelled “K” through “N”).

[428] The wound marked “K” penetrated Mr. Campbell’s heart. This was a fatal stab wound. The wound marked “L” penetrated Mr. Campbell’s right jugular vein. This was a fatal stab wound. The wound marked “N” penetrated Mr. Campbell’s right lung and aorta, a main artery in the human body. This was a fatal stab wound.

[429] Mr. Campbell died from blood loss due to these stab wounds. Part of the post-mortem examination photographs were taken of Samuel Campbell’s injuries. Photographs with the wounds labelled “A” through “N” are attached at Tab 2.

[430] I am satisfied beyond a reasonable doubt Mr. Worrie intended to kill Samuel Campbell. This finding is not in dispute. Mr. Worrie is found guilty of the second degree murder of Samuel Campbell.

[431] I have concluded that Trae Worrie stabbed Juanita Campbell three times in the left side of her head and neck, twice on the front of her left shoulder, once on the right side of her upper back, once on the top of her left shoulder, twice on her right neck and twice on the back of her head, above her hair line. Collectively, Mr. Worrie stabbed her 12 times. Photographs of the healing injuries were taken on May 26, 2015.

[432] Ms. Campbell had three stab wounds on the left side of her head and neck. Ms. Campbell had two stab wounds on the front of her left shoulder. Ms. Campbell had a stab wound on the right side of her upper back and one on the top of her left shoulder. She had two stab wounds and a three-inch incise wound on the right side of her neck. Ms. Campbell had two stab wounds on the back of her head, above her hair line.

[433] I am satisfied beyond a reasonable doubt that Mr. Worrie intended to kill Juanita Campbell. This finding is not in dispute. Mr. Worrie is found guilty of the attempted murder of Juanita Campbell.

MENTAL HEALTH ASSESSMENT POST VERDICT

[434] For reasons previous articulated, there is reason to believe that Mr. Worrie’s mental disorder has deteriorated over the four years that have elapsed since he committed these offences. Therefore, pursuant to section 21 and 22 of the Mental Health, R.S.O. 1990, c. M-7, I order a senior physician to assess Mr. Worrie to determine his current mental state. This is to assist in sentencing.

Barnes J.

Originally Released: August 21, 2019

Re-Released: January 16, 2020

COURT FILE NO.: CR-16-1893

ORIGINAL RELEASE DATE: 2019 08 21

RE-RELEASE: 2020 01 16

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

HER MAJESTY THE QUEEN

and -

TRAE WORRIE

REASONS FOR JUDGMENT