Jonathan Madsen, 43, had previously attempted to kill his stepfather because he believed, based on the delusions he suffered, that Michael’s death would lift a curse he feared would bring about the end of the world. He was found not criminally responsible for this prior incident.

In her July decision, Superior Court Justice Johanne Lafrance-Cardinal, pointed out that, that before Madsen’s release from the Brockville unit of the Royal Ottawa hospital in early September 2008, he was “able to convince the Ontario Review Board that he was doing well and was taking his prescribed medication. He was obviously not,” Lafrance-Cardinal said. “He made statements to Dr. Chaimowitz that further work needs to be done to get rid of the curse.”

Crown attorney Roberts said Madsen’s mother, Emily, “has a mistrust of the clinical team in Brockville. She’s concerned about their ability to judge Mr. Madsen’s state and that they might recommend he be transferred back into the community,” Roberts said.

Roberts explained the family isn’t worried about Madsen visiting them in Cornwall over the next year, which he was prone to do in the past, but they are concerned about what happens after Madsen’s review a year later, when the restrictions on him could be looser.

The family, Roberts said, would prefer Madsen be taken on by a new clinical team with “a fresh set of eyes” and no experience working with him.

Madsen’s lawyer, Michael Davies, requested an adjournment of Tuesday’s ORB meeting for a few months while he and doctors responsible for his client’s treatment could look into alternative facilities to the Brockville unit of the hospital. “We’re in agreement with detention in a medium security unit, but which one?”

Ottawa Royal Mental Health Centre staff have recommended the Brockville unit of the hospital. In late October, the ORB panel will reconvene.

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.

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”.

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.

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

“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?

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

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.

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.

The judge remanded him back to the IWK Health Centre in Halifax, where he’s been in custody and under doctors’ care since the day of the killing.

The Nova Scotia Criminal Code Review Board will meet within 45 days to decide what should be done with the teen.

The board has the power to detain him at a psychiatric facility until he no longer poses “a significant threat to the safety of the public.” It also could give him an absolute discharge or a conditional discharge.

A 20-page agreed statement of facts about the murder and the teenager’s medical history was presented to the judge but was not read out in court or made available to the media after the 90-minute hearing.

A few details could be gleaned from the discussions in court, however. The teen was under the influence of marijuana at the time of the killing; some of Wright’s injuries were to her throat and head; and investigators seized at least three knives.

Dr. Aileen Brunet, a psychiatrist who examined the teenager at the hospital, testified that it appears he began having psychotic episodes late last year.

“In my opinion, at the time of the offence he was psychotic,” Brunet told the court. “As a result of the psychosis, he was not able to appreciate the wrongfulness of his actions.”

The teen continued to exhibit psychotic symptoms for several weeks after the killing, the doctor said.

“This is a complete and total tragedy,” defence lawyer Stan MacDonald told the court.

The teenager was naked when he was arrested Feb. 5 on Sackville Drive, not far from Hewer Crescent. Police believe he was involved in a pair of motor-vehicle collisions and threw himself in front of a car, all in an attempt to kill himself.

Sources told The Chronicle Herald in February that the teen’s family had been trying for months to get him psychiatric assistance.

His family took him to the IWK twice in the days leading up to the killing and finally got him an appointment for an assessment at the hospital for Feb. 8, the sources said.

http://thechronicleherald.ca/Front/9016631.html

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.