Man pleads not guilty as trial examines mental disorder defence in Etobicoke killing
Colin Hatcher pleads not guilty to first-degree murder in the 2021 stabbing of his mother in King’s Mill Park. The judge-alone trial will focus on whether he was not criminally responsible due to mental disorder.
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By Torontoer Staff
The trial over the 2021 killing of Kathleen Hatcher opened Monday, which would have been the retired teacher’s 74th birthday. Her 42-year-old son, Colin Hatcher, pleaded not guilty to first-degree murder as the judge-alone trial begins in Toronto Superior Court.
Crown and defence lawyers told Justice Shaun Nakatsuru the central issue is not who committed the killing. Both sides accept that Colin stabbed his mother in King’s Mill Park in Etobicoke on Feb. 26, 2021. The question for the court is whether he was not criminally responsible due to a mental disorder at the time of the offence.
Focus of the trial: mental state, medication and expert evidence
Crown attorney Paul Zambonini said in opening remarks that Colin has a history of mental illness and that the killing occurred shortly after a physician weaned him off anti-psychotic medication at his request. The defence has signalled it will rely on a psychiatrist’s opinion that Colin was suffering from a mental disorder that rendered him not criminally responsible. The Crown will call its own psychiatrist who will offer a contrary view.
At a judge-alone trial, a single judge decides guilt or the appropriateness of a not criminally responsible, or NCR, finding. If the judge accepts an NCR defence, the accused is not convicted but may be detained or subject to conditions under the provincial review board.
The scene and emergency response
Court heard that Kathleen was fatally stabbed and found face down in the snow in King’s Mill Park. She called 911 during the attack. On the recording played for the court, Kathleen can be heard saying, "Help, help," slowly and repeatedly, while the operator tried to establish her location.
Police and paramedics testified that officers searched the park through trees and snow-covered terrain after 911 operators used GPS to track the location of her phone. Video and photos of the victim’s body were shown or warned about in court, prompting some of Kathleen’s friends to step out of the courtroom.
Family history and prior incidents presented to court
Zambonini said multiple family members will testify that Colin had, over the years, discussed killing relatives and had specifically mentioned his mother. In 2018, Colin was involuntarily committed to St. Joseph’s Hospital after threatening his parents, the Crown said. At that time, he told hospital staff he had made a "pact" with his grandfather, who he said had directed him to kill the family. He was released after treatment with medication.
Kath was just a beautiful soul. She was a very loving mother who never gave up on her children.
Susie Whelehan, friend
Friends who have spoken publicly described Kathleen as a devoted grandmother and a longtime education worker. Kim McCutcheon told the Star after the killing that Kathleen had been trying to get help for her son’s mental health struggles and that while she sometimes feared Colin, she remained supportive.
Court schedule and expected witnesses
Colin’s trial had initially been set for a jury but was rescheduled twice as psychiatric assessments were conducted. The judge-alone trial resumed this week, and the court heard from first responders on Monday. Testimony expected in coming days includes psychiatrists for both the defence and the Crown, the physician who reduced Colin’s medication, and family members who will describe history and behaviour.
- Defence psychiatrist to testify that Colin was not criminally responsible due to a mental disorder
- Crown psychiatrist to offer an opposing opinion
- Physician who weaned Colin off anti-psychotic medication expected to testify
- Family members to describe prior threats and hospital admission in 2018
- First responders to provide evidence about the scene and 911 response
Background on Kathleen Hatcher
Kathleen had retired in December 2020 after working since 2003 as an assessor for the essential skills upgrading program at Burnhamthorpe Collegiate Adult Learning Centre. She had recently become a grandmother and enjoyed caring for her grandson, friends said. Colleagues and neighbours remembered her for quilting and community involvement.
She had his back, she was always there for him.
Kim McCutcheon, friend
Those who knew her told the Star she tried to help her son navigate his mental health challenges, and that the family had been affected by repeated incidents over the years.
What comes next in the trial
The remainder of the trial will centre on expert psychiatric evidence and the legal standard for criminal responsibility. The judge will have to weigh the competing psychiatric opinions and determine whether Colin was suffering from a mental disorder that made him incapable of appreciating the nature or quality of the act or knowing it was wrong.
Court proceedings are expected to continue as scheduled, with witness testimony and evidence on both sides. No date was announced Monday for the conclusion of the trial or for a ruling.
The case underscores the legal and practical challenges that arise when serious violent acts intersect with complex mental health histories. The judge will ultimately decide whether the facts support a criminal conviction or an NCR finding, and any decision will carry significant consequences for the accused, the victim’s family and public safety.
EtobicokeCourtCrimeMental HealthTrial
