Pot smoking Ontario senior found NCR for hammer attacks discharged even though he 'remains a significant threat'

An Ontario senior found not criminally responsible for attacking three housemates with a hammer before he tried to punch a police officer and kicked a nurse in the face has been discharged.

James Harding, 73, appeared recently in front of the Ontario Review Board at the Shores Centre for Mental Health Sciences in Whitby, Ont., where he was a patient until he was released into the community in May 2023.

“The panel found that Mr. Harding remains a significant threat to the safety of the public and the necessary and appropriate disposition to manage that risk is a discharge with … conditions,” said the decision discharging Harding on the condition that he consents to treatment for his schizoaffective and substance use disorders, and keeps living at a facility that’s staffed 24 hours a day.

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The panel heard that in August 2020, Harding was living in a Scarborough group home.

“In the early morning hours of Aug. 21, 2020, he was agitated and paranoid, believing that the other residents were out to kill him,” said the decision.

“He armed himself with a hammer. He went to Victim #1’s room and struck him in the head. The victim sustained lacerations and bruising to his head and arms. Mr. Harding then proceeded to the room of Victim #2 and struck him in the arm with the hammer, resulting in Victim #2 having a swollen arm. Mr. Harding encountered Victim #3 on the front porch of the residence. He struck him with the hammer on the head, face and shoulder. Victim #3 sustained a skull fracture, facial fractures and bruising.”

Once outside, Harding smashed the windows of a parked car.

“When police arrested him, he tried to punch the officer,” said the decision.

“He was taken to the Scarborough General Hospital as he had sustained cuts from the broken windows. While being treated, he kicked a nurse in the face. She fell back against the wall and fainted, temporarily losing consciousness.”

Harding was charged with two counts each of assault with a weapon and aggravated assault. But he was found not criminal responsible in May 2021 on account of a mental disorder.

Harding “has a long history of substance use, particularly cannabis, alcohol and cocaine,” said the panel, which notes he attended a residential treatment program for alcohol.

Now that he’s been discharged, Harding, who consumes cannabis regularly, will no longer be under orders to avoid drugs.

Harding — a drummer who has played in bands throughout his life — is believed to have consumed cannabis around the time of his hammer attacks.

The panel accepted his psychiatrist’s “evidence that while Mr. Harding has continued to consume cannabis, the amounts have not resulted in a change in his mental status,” said the panel’s decision, dated Dec. 3.

“Should such a change be observed, the team will have the ability to request a urine sample to determine possible causes, such as increasing amounts of cannabis or the use of other substances.”

This past January, Harding experienced “significant sleep difficulties,” while living at a facility in Scarborough, said the decision.

“The treatment team tried to manage the issue with medications. On Jan. 16, 2025, Mr. Harding experienced more intense paranoid beliefs and secured one of the residence’s fire extinguishers to use for his protection. The decision was made to readmit him to hospital and Mr. Harding was agreeable.”

Harding was discharged from hospital this past April to a group home.

“He has remained adherent to his medications which are administered by staff at the group home,” said the panel’s decision.

“He continues to report auditory hallucinations but they do not appear to impact on his day-to-day functioning.”

Harding, who has maintained periods of abstinence, has also tested positive for cannabinoids on several occasions, said the decision.

“Mr. Harding often told his forensic case manager that he had a desire to use cannabis on a regular basis. The forensic team noted that he lacked insight into their concerns of how this may impact his mental status.”

Harding was raised with his two younger sisters in Scarborough, said the panel.

He was diagnosed with schizophrenia in the late 1980s, said the panel. “He has had numerous admissions to various hospitals in the Scarborough area, often after displaying symptoms of paranoia and arming himself with a weapon for protection,” said the decision.

“He reported experiencing command auditory hallucinations.”

In April 2024, Harding went to Scarborough’s Birchmount Hospital because he was “concerned about his own safety and (reporting) paranoid ideation in relation to his co-residents and police. He appeared to see the hospital as a place of refuge.”

He was transferred to a forensic unit at Ontario Shores where his meds were adjusted. Harding was sent home to his residence on June 5, 2024.

Harding “continues to experience residual psychosis on a regular basis,” said the panel. “He identifies his auditory hallucinations as ‘good voices’ giving him positive messages.”

Harding’s “mental state can fluctuate widely,” said the panel.

“When his sleep is disrupted, his mental status deteriorates significantly. His paranoia becomes more intense and historically this has resulted in his arming himself with weapon. Should that reoccur, as in the past, he likely will act out against those in close proximity. As such, he remains a significant threat to the safety of those living and working in his residence, as well as those attempting to assist him, such as police officers or nurses.”

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