Fulton Family Letter Condems Inaction of BC Mental Health System

The family of a 12-year-old autistic boy killed one year ago when his bipolar neighbour stabbed him in the neck with a kitchen knife spoke out this week, questioning the “common sense” of B.C.’s mental health system.

Kimberly Noyes, 43, was found last week to be not criminally responsible in the slaying of John Fulton at her Grand Forks, B.C., home in August 2009.

The following is the complete text of the Fulton family’s letter:

To begin, our family would like to thank the community of Grand Forks, Const. Bell and our victim service worker Catherine Riddle for their overwhelming support and kindness. Words cannot express the loss our family has suffered, nor the horror of having to do it in such a public way.

We have heard repeatedly that the mental health system has let Ms. Noyes down. We feel it wasn’t Noyes that was let down by the system but rather our family and John.

From testimony given over the last few weeks it is quite clear that Noyes was a threat to the community and a danger to children. Any layman can see that there was a clear history of violence and homicidal delusions, yet she was released back into the community over and over again.

If this woman was a pedophile she would not have allowed her near children. Even though she was clearly a threat to children she was allowed back into a low income family unit without giving any warning to the families that lived there.

This woman knew she was ill. The local RCMP, mental health workers, psychiatrists, her doctor, and her family knew she was ill; and despite her clearly disturbing behaviour the months before John’s death, no one thought to hospitalize her. Where was the common sense? After multiple forced hospitalizations, a history of violence, a history of going off medications, threats uttered about harming children . . . no one in authority could see a downhill spiral leading to her acting out on her delusions.

Our family is not suggesting that people who struggle with mental illness should be locked away from society. We have dear friends who have struggled with depression and mental illness, however, when someone is uttering threats about sacrificing children or making homicidal comments we believe that the government, namely mental health should be charged with protecting the rights of the general public rather than those of the individual. We would go as far as to say that people who have had these types of delusions would rather be hospitalized than to hurt a child.

The loss of this beautiful child has been devastating to our family. The way in which he was taken from us was unimaginable. The pain we feel will take years to lessen, but will never be fully gone.

This senseless crime was completely avoidable. Noyes’ actions were completely deplorable but mental health’s inactions are equally so.

Accused Killer: was deemed not a ‘significant threat’ and released by the Review Board

Alexander Lawrence Laglace is charged with the second-degree murder of Tammy-Lynn Cordone in Vancouver’s Lighthouse Park in May of 2009… just months after being released.

The BRITISH COLUMBIA REVIEW BOARD held the review on December 8,2008 and the final order was signed on January 7, 2009, ruling that “we nonetheless conclude that Mr. Laglace currently does not pose a significant threat of grave harm such as warrants our ongoing jurisdiction over him.”

The BRITISH COLUMBIA REVIEW BOARD months earlier in March of 2008, had seemed to arrive at a different conclusion finding:

Note I have edited for brevity… please utilize full report for accuracy.

[ 24 ] When the accused last was before the Board on August 9, 2007, the Board
observed that the index offence of arson was serious and had the potential to lead to catastrophic results. The Board noted the accused’s record for and history of possessing weapons. The Board was concerned by the accused’s antisocial attitudes and was troubled by the incident of 2006 when he kicked another patient in the head as punishment. The accused’s attitude to continuing substance use was found to increase his risk.

[ 25 ] a period of just over four months, the accused’s behaviour has demonstrated that the panel’s concerns were justified.  Once in the community under conditional discharge he continued to abuse substances which by his own admission amounted to using cocaine every two to three days in addition to periodic marijuana and alcohol use. The accused found himself in serious trouble on no less than three occasions within a time span of approximately 2 months. He was alternately robbed or attacked at late hours near the Surrey sky train. There were multiple complaints of intimidating and threatening behaviour. The accused was eventually evicted from his accommodation for threatening behaviour. When returned to FPH the accused was found to have a six-inch box cutter in his possession.

[ 26 ] the accused’s combination of substance abuse and antisocial behaviours
such as loan sharking left him at high risk to intimidate others and wind up in dangerous confrontations.

[ 27 ] The risk of the accused becoming involved in some dispute or confrontation while in possession of a knife or other weapon and while under the influence of drugs is real and indeed foreseeable. In such circumstances the possibility of violence is equally foreseeable.

[ 29 ] We conclude that the evidence continues to establish that the accused is a
significant threat to public safety.

West Vancouver police have identified the woman murdered in Lighthouse Park as Tammi-Lynn Louise Cordone, 43, of Thunder Bay, Ontario. Her family may disagree with the BRITISH COLUMBIA REVIEW BOARD conclusion of “not a significant threat”.

Manitoba will not appeal Vincent Li Strolls

The Crown will not appeal a decision to allow Vince Li to stroll the grounds of the Selkirk Mental Health Centre, a spokesperson says.

The province’s Justice Department conducted a thorough review of the Manitoba Criminal Code Review Board’s May 31 decision and found that there are no legal grounds to appeal the order, Manitoba’s deputy attorney general Don Slough said.

Stanley Yaren responds to Justice Minister Andrew Swan

Re: Security must be tighter for Li, justice minister says (June 4). The provincial government’s reaction to the granting of a carefully considered slight increase in the liberty of Vincent Li as articulated by Justice Minister Andrew Swan is an example of the worst kind of political pandering and fear-mongering. It demonstrates a shocking lack of understanding of mental illness.

Swan joins those members of the public who would return to the days when the mentally ill were cast out of society to be incarcerated in prisons and asylums, never to see the light of day. The fact is that recovery from mental illness is possible and fortunately so because 20 per cent of the population may at some point require hospitalization for a mental disorder.

While the pain, suffering and anger of all those affected by this tragic episode is understandable, it is the reaction by this government and not the Criminal Code Review Board decision that is inappropriate. The chair, John Stephaniuk, and the members take their job very seriously and are, in my experience, a diligent, knowledgeable and thoughtful group of men and women. Criticism of the board for acting responsibly is unwarranted and improper political interference in the judicial process.

The attitude towards mental illness by some members of the public and as reflected by Swan’s remarks is stigmatizing and hurtful to people and their families living with mental disorders. Stigma and fear create barriers to treatment. They prevent individuals such as Li from seeking early intervention for mental-health issues that may have prevented this tragedy from ever occurring.

By far, most people living with mental illness are not violent, and when they are, it is usually the result of inadequate or no treatment. Rather than investing money in a fence around Selkirk Mental Health Centre, the government would do much more to prevent the uncommon occurrence of violence by mentally ill individuals by joining the efforts of the Mental Health Commission of Canada in reducing stigma and by investing in improving access to mental health treatment.

STANLEY YAREN, MD, FRCPC

Canadian Psychiatric Association

http://www.winnipegfreepress.com/opinion/letters_to_the_editor/pandering-destructive-and-ignorant-95678169.html

Security must be tighter for Li, justice minister says

Manitoba Justice Minister Andrew Swan has quickly called for tighter security before Vincent Li will be allowed to have his walks. But will his voice be heard?

“Vince Li will not be allowed to leave the locked forensic unit at the Selkirk Mental Health Centre for brief outings until security measures are beefed up”, Justice Minister Andrew Swan said. Swan continued that the decision by a Criminal Code review board to allow Li to have brief escorted passes outdoors on the health centre’s grounds “will shock the conscience of Manitobans and indeed all Canadians.”

“In our view this order is contrary to the interests of public safety and seriously undermines public confidence in the Canadian system of justice,” he stated.

Swan wrote a letter to federal Justice Minister Rob Nicholson outlining his concerns.
“We strongly urge that the Criminal Code of Canada should be amended to ensure that such a demonstrably unfit disposition cannot be made,” Swan said in the letter. “At a minimum, the Criminal Code should provide that public safety must be the paramount consideration before the Criminal Code Review Board.”

Swan said the Selkirk Mental Health Centre, which houses Li, will decide what security measures are needed.

While the statements made by Justice Minster Swan are appreciated they will do little to change the reality of the decision. The Supreme Court of Canada has clearly decided that the rights of Vincent Li are the only consideration before the Review Board.

There is clearly a need to amend the Criminal Code of Canada and that is the motivation of Tim’s Law. But as Justice Minister Andrew Swan is all to aware, to provide safety and security to the general public of Manitoba,  and the rest of Canadians, there needs to be some major changes and renovations to the facility that Vincent Li is housed in, Selkirk Mental Health Centre (SMHC).

This will require taxpayers dollars… is Justice Minister Andrew Swan lobbying for this from his provincial counterparts?

Vincent Li granted supervised hospital grounds pass… Review Board Rules

Less than two years after brutally murdering Tim McLean, the Review Board in Manitoba has decided that Vincent Li is well enough to grant staff supervised hospital grounds passes. This ruling was handed down today, despite the objections of their own Attorney General office that this would be ill advised and premature.

The order requires that two staff workers accompany Li and are equipped with either a two-way radio or a cell phone. The fifteen minute walks are to be incrementally increased to one hour, twice a day.

The order makes no mention of utilizing standard readily available technology such as the ankle bracelets used for tracking people under house arrest.

Read the complete order below:

PROVINCE OF MANITOBA
CANADA

Review Board

IN THE MATTER OF: Part XX.1 Criminal Code of Canada

AND IN THE MATTER OF: Vince Weiguang Li

ORDER

WHEREAS Vince Weiguang Li was charged that he:

on or about the 30th day of July, 2008, at or near the Rural Municipality of Portage la Prairie, in the Province of Manitoba, did unlawfully commit second degree murder on the person of Timothy McLean;

AND WHEREAS on March 5, 2009 in the Court of Queen’s Bench, at Winnipeg, Manitoba, Mr. Li was found not criminally responsible on account of mental disorder;

AND WHEREAS pursuant to a Disposition made by the Review Board that came into force on June 5, 2009, Mr. Li has been detained in custody in a hospital upon conditions;

AND WHEREAS this matter coming on before the Review Board on Monday, May 31, 2010 for a Disposition Review hearing pursuant to Section 672.81(1) of the Criminal Code of Canada, in the presence of Vince Weiguang Li;

AND WHEREAS the Review Board has heard and considered all of the evidence, including the testimony of Dr. S. Kremer, treating psychiatrist, the victim impact statements filed in these proceedings and the submissions by counsel which constitutes the record of these proceedings;

AND WHEREAS the Review Board has taken into consideration the need to protect the public from dangerous persons, the present mental condition of Mr. Li, his re-integration into society and his other needs;

AND WHEREAS it is reasonable and desirable and in the interests of Mr. Li that he continue to be detained in custody in a hospital upon conditions;

THEREFORE, pursuant to Section 672.54(c) of the Criminal Code of Canada, the Review Board orders that Vince Weiguang Li is to be detained in custody in a hospital, subject to the following conditions:

1.That he reside on the locked forensic ward at the Selkirk Mental Health Centre, Selkirk, Manitoba;

2.That upon the recommendations of the treatment team, the person in charge of the hospital may grant staff supervised hospital grounds pass privileges, subject to the following provisions:

i) passes start at fifteen minutes and increase incrementally to a maximum of one hour, twice daily;

ii)the treatment team is of the opinion that his condition is stable and that it would be appropriate and safe for him to leave the locked ward;

iii)while he is away from the locked ward on any supervised hospital grounds passes, he is to be escorted at all times on a two-to-one basis by two staff members who are equipped with either a two-way radio or a cell phone;

iv)security staff at the hospital are informed when each grounds pass is to occur;

3.That if he is required to leave the hospital grounds for any reason, he is to be escorted at all times by a peace officer;

4.That he present himself before the Review Board as directed by the Chairperson thereof;

5.That he keep the peace and be of good behaviour.

TAKE NOTE that pursuant to Section 672.91 of the Criminal Code of Canada, a peace officer may arrest a person without a warrant at any place in Canada if the peace officer has reasonable grounds to believe that the person has contravened or wilfully failed to comply with a disposition made by the Review Board with respect to that person or any condition of it, or is about to do so.

THIS DISPOSITION comes into force on the 7th day of June, 2010, and shall remain in force until further disposition by the Review Board.

DATED this 2nd day of June, 2010, at Winnipeg, Manitoba.

John Stefaniuk, Chairperson,
Manitoba Review Board

Vincent Li Review Board Hearing…Carol de Delley Comments

Vince Li is unpredictably dangerous. Dr Yaren’s own testimony at the “trial” stated that Vince Li could suffer a relapse even while medicated, at any point in time in the future and that he could suffer a psychotic break as severe as the extremely inhumane episode that took Tim’s life.

Timothy suffered that particular Psychotic break… who could be the next to suffer Vince Li’s next psychotic break? Timothy’s human rights are the ones that were violated. Vince Li’s rights should not be considered more important here.

Canada needs to build a separate facility to house criminally insane offenders.  A very secure facility with fenced and monitored outdoor area where they can receive as much time outside as treatment requires them to receive.  A facility where they are detained for the rest of their natural lives. The “patient” gets the humane treatment and the public safety is protected.

If the insane individual commits a very violent murder,  that murderer insane, or not should never be free to repeat that behavior. A life for a life.  Thats my opinion I am not stigmatizing anyone.

Li  did it… Li may not be psychologically accountable but he is still criminally responsible. Thats why he goes before a criminal review board now. HE STILL COMMITTED THE CRIME OF MURDER and he needs to be held responsible for that.

The whole issue of NCR needs to be looked into and changed by the politicians who have the power to do it.

Sackville Teen not criminally responsible for murder.. family sought help prior

A Middle Sackville teenager whose family had been trying to get him psychiatric help has been found not criminally responsible for second-degree murder because of a mental disorder.

Judge Pam Williams made the finding today in Halifax youth court, accepting an expert opinion from a psychiatrist that the teen was psychotic when he killed a woman Feb. 5.

Joyann Wright, 49, died at her house on Hewer Crescent in Middle Sackville. She suffered multiple stab wounds and blunt-force injuries.

The name of the accused, who turned 18 last month, is banned from publication under the Youth Criminal Justice Act. (more…)

“Previously under the care of our mental health system”

A young lady writing her thoughts on the Vincent Li Review Board Hearing eloquently expressed her opinion, reasoning, and agreement with the professionals charged with the assessment, and treatment of Vincent Li.

In her concluding statement she raised a point that strikes at the very heart of  much of the debate surrounding individuals such as Vincent Li.

Brittany writes “   I’m a bit confused as to why they are making such a fuss about a guy walking outside for 15 minutes when they should be investigating how a person who was previously under the care of our mental health system could be released to commit such a horrific act in the first place.”

For many people there is an inherent distrust in the ability of of these “professionals” to adequately determine the “fitness” of these individuals to live amongst the general public.

The prosecution at the original “trial” was an inept show where everyone was in agreement and slapping themselves on the back for a job well done… a 2nd degree murder charge when the perpetrator acquires a weapon prior to boarding the bus?.. or the newspaper article he was allegedly reading in the days prior to the crime… allegedly because there never was a venting of the facts..

So the question of his first release may raise another question… did the professionals examine Li and find no condition requiring treatment? Again with no evidence presented at a “trial”, we are left to ponder.

Another “expert” (Dr Stanley Yarin) last year declared that under his care Li was responding well to treatment… after little more than a couple of sessions!

And now Dr Kremer has found that some sunlight and exercise may be just what the doctor ordered.

Excuse my skepticism but doctors with egotistical narcissistic personalities rushing to declare that they have “cured” persons who have committed heinous crimes does not bolster my confidence.

These professionals first need to actually perform their roles and duties with a sense of due diligence. That may actually inspire the general public to actually have some confidence in their ability to successfully diagnosis the subjects in their care.

Timothy McLean’s Mother reads her Victim Impact Statement at Vincent Li Hearing

How has Timothy’s death affected or impacted me.                     May  2010

I’ve become very angry, frustrated and I lack the ability to focus on other issues in my daily life.  I struggle to get through a day without crying over the details of my son’s death.  We have now been through a year of firsts without Timothy.  Our family has had births and deaths and we have an upcoming wedding.  Every event is bittersweet because Timothy isn’t there to join in the festivities, and he should be.

I liked my life quite well 2 yrs ago. I was in my 10^th year of driving a school bus, and I was cooking meals for a senior’s home.   I now know how it feels to lose a child, and I no longer want the responsibility of all those children’s lives on my shoulders.  I no longer possess the patience or the personality to do the job.  I am no longer the fun-loving, carefree person that I used to be.  I have great difficulty sleeping and even when I sleep I never feel rested.  I worry all the time about my family members when they’re not in my sight. I worry about how Timothy’s death has affected my remaining children., and what the long term affects will be. I have concerns over my husband’s health.  He now has high blood pressure even with his medication and he too has a hard time getting any rest. The stress has taken a toll on all of us.

I am almost 50 yrs old and I swear these past 2 years have aged me by 10 years every employment I’ve ever had has been people oriented, I used to enjoy interacting with others through my work and socializing.  I don’t any more and I have no desire to make new acquaintances because I don’t trust people anymore.  I have no idea what I’ll be doing for employment in the future and that is a very big concern for me.  I have been in therapy 2 to 3 times a week since Timothy’s death to give me the tools to help me cope on a daily basis with the sorrow, heartache and rage I now experience.  Of course the cost of getting to therapy and the therapy itself are not cheap.  I am often unable to focus on the task at hand and my memory has become sporadic, retention is a problem too.  I hear conversations and can participate in them, however, trying to recall them later is difficult.  I have to write everything down now.  I am currently on long term disability so my income is about half of what it was before which of course has put more of the financial burden on my husband

I have never been a prejudiced person and now I am wary of all people and particularly of people of Asian descent.  I don’t want this to be the case it just is. I don’t want to see the visions in my mind but they are still there.  I don’t want to be here speaking the review board, I feel I have to be.

Carol de Delley (Timothy McLean’s mother)