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 10th 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)

Dr. Steven Kraemer: Vincent Li is ready to be out of his locked ward

At Vincent Li Second Annual Review Board Hearing, Dr. Steven Kraemer said he believes Li is ready to be allowed out of his locked, high-risk ward and on to the grounds at the institution for up to 30 minutes a day. Dr. Steven Kraemer is Vincent Li lead treating psychiatrist.

It has been less than two years but Kraemer suggests  Li could be accompanied by two security guards instead of the typical one-on-one supervision other residents receive. He said Li’s opportunities for fresh air, sunshine and recreation could gradually go up to two hours each day.

Even though the grounds are not surrounded by any fence and extra staff would likely have to be hired to accommodate the resources needed for Li, Dr. Steven Kraemer feels they are taking a very cautious approach. “We have no way of knowing how he will respond,” said Dr. Kraemer.

He said Li has responded well to medication, listens well to staff and has attended all required programming and treatment. Li has developed a better understanding about the impact of his crime and only “occasionally” suffers from the hallucinations that once haunted him.

Vincent Li Review Board Hearing on May 31, 2010

Less than 2 years after brutally murdering Tim McLean, Vincent Li will have his second Review Board Hearing on May 31,2010. The purpose of this review is to determine whether Vincent Li poses a continued threat to the general public

The Supreme Court of Canada has determined that the Review Board has an obligation to resolve when Vincent Li comes before them:

1. Vincent Li was found by the court to be “Not Criminally Responsible” for his action. Vincent Li does not have to prove anything. In other words: “properly read the section does not … impose a burden of proving lack of dangerousness on the NCR accused.”. There is no presumption of dangerousness in the law.

2. “Dangerousness” has a specific, restricted meaning of “a significant threat to the safety of the public”. This means there must be evidence to support the risk being real, and the physical or psychological harm being serious. The activity causing the harm must be criminal.

3. The Review Board has a duty to investigate facts which support release, as well as detention.

4. “If the Review Board fails to positively conclude, on the evidence, that the NCR offender poses a significant threat to the safety of the public, it must grant an absolute discharge”. In other words, if the Review Board “harbours doubts” or can not resolve whether Vincent Li is a significant risk to the safety of the public, they must unconditionally discharge as there is no legal or constitutional basis for confinement.

5. “As in all cases, the Review Board must make the disposition that is the least restrictive of the NCR accused’s liberty possible.”

6. The Review Board has an affirmative duty “to consider the accused’s personal needs”

Schoenborn Not Criminally Responsible for Killing Children

Allan Dwayne Schoenborn committed a crime so horrendous the judge found he could not be held criminally responsible for his acts, because no reasonable or rationale person could do such a thing.

“I find that Mr. Schoenborn did commit the first-degree murder for each of his children … but is not criminally responsible on account of mental disorder,” Justice Robert Powers of B.C. Supreme Court ruled.

The children – Kaitlynne, 10, Max, 8 and Cordon, 5 – had been placed in their father’s care for a night by Mr. Schoenborn’s estranged common-law-wife, who had just told him reconciliation was impossible.

When Darcie Clark returned to her trailer home in Merritt, B.C., on April 6, 2008, she found her three children arranged as if sleeping. They had been smothered and the girl had been struck repeatedly with a cleaver. Scrawled in blood and soy sauce were the messages “Forever Young” and “Gone to Neverland.”

Crown lawyer Glenn Kelt, argued that Mr. Schoenborn was motivated by wanting to punish Ms. Clark. He waited until the children were asleep. He attacked his daughter with a cleaver, and when that didn’t kill her, he smothered her. He then smothered and strangled his little boys.

Mr. Schoenborn, a Vancouver roofer with a Grade 9 education and a history of mental illness, had followed the family to Merritt in hopes of reconciling with Ms. Clark. Just weeks earlier, he had pleaded guilty to violating a protection order that was put in place after he was accused of sexually assaulting her.

The trial heard that Mr. Schoenborn was consumed by jealousy and paranoia. When Ms. Clark told him she was expecting their first child, he began accusing her of being unfaithful.

He had been treated for psychotic illness, but refused to take his medication. In the months before the killings, he lost his job, was homeless and had been told a reunion with his family was impossible.

Mr. Schoenborn’s case has raised questions about government support for domestic-violence prevention and about how bail hearings are managed.

Days before the children were killed, Mr. Schoenborn was arrested over a disturbing incident at Kaitlynne’s elementary school. He was charged with two counts of uttering threats to cause bodily harm after he threatened a young girl who had upset his daughter.

Police asked that Mr. Schoenborn be held in custody over the weekend until April 7, when he could be brought before a judge in person.

Instead, in a bail hearing by telephone, justice of the peace Fraser Hodge agreed to free Mr. Schoenborn.

“I know we’re close to the line here on this one, but I am going to give Mr. Schoenborn a chance,” Mr. Hodge concluded. “I want you to remember that you got a good break on this, and, you know, appreciate that. Don’t let anything wrong,” he told Mr. Schoenborn. Continue reading Schoenborn Not Criminally Responsible for Killing Children

Victim Impact Statements…

Counsel for Vincent Li objected to the acceptance of certain portions of statements that were filed with the Review Board by victims and those who classified themselves as victims.

Vince Weiguang Li was required to appear before the Review Board on Monday, June 1, 2009 for a Disposition hearing. The board was to consider the need to protect the public from dangerous persons, the present mental condition of Mr. Li and his reintegration into society and his other needs.

Vincent Li attorney argued that in some cases the victims included statements that went beyond the impacts that the offence had upon them. While there is no question that all of the individuals who submitted victim impact statements suffered great personal loss as a result of the commission of the offence, counsel for Mr. Li raised the issue of whether the authors of certain of the statements met the definition of “victim” as contemplated by section 722(4) of the Criminal Code, and also the issue of whether portions of certain of the statements went beyond what may be submitted to the Board under section 672.5(14), as each of those provisions have been interpreted by the Courts.

Counsel for Vincent Lee cited R. v. Gabriel, 1999 CanLII 15050 (Ont. C.A.),
R. v. Daley, 2002 CanLII 393 (N.B. Q.B.), R. v. Jackson, 2002 CanLII 41524 (Ont. C.A.) R. v. McDonough, 2006 CanLII 18369 (Ont. S.C.), R. v. Duffus, 2000 CanLII 22831 (Ont. S.C.) and R. v. Bremer, 2000 CanLII 345 (B.C.C.A.), for its legal arguments

Counsel for the Attorney General, Ms Deegan, argued that all of the victim impact statements ought to be accepted in their entirety. The statements had been prepared by their authors in accordance with the written guidelines provided to them by the provincial Victim Services Branch.

The board did not accept that position as the guidelines do not have the force of law. Following deliberations the Board permitted the victims who wished to read in their statements to do so, but with the offending portions of those statements struck out. The remaining victim impact statements were taken as filed, subject to the objections referred to above.

It is unfortunate that individuals who see themselves and are seen by many as victims,  and who have taken the time to write their earnest and heartfelt statements with the intention of reading those statements at the hearing, can find themselves in the position of having the admissibility and appropriateness of their statements challenged at the hearing, sometimes without advance warning. This can only exacerbate feelings of victimization.

Katie’ s Victim Impact Statement…in its entirety.

Thank you for allowing me to have this time to speak my mind about the last 8 months of my life, but how do I even begin to describe to how this crime has affect me?

I am Katie, Timothy’s baby sister. I suppose that is where I will start. Tim and I were very close growing up together, as we were only a couple of years apart in age. We come from (2) happy homes as my parents have divorced and remarried. I have many siblings but no matter which home I was staying at for a visit so was my brother Tim.

I can remember growing up playing games together, getting in trouble together, fighting together, and loving together. Tim wasn’t always the best big brother as I’m sure most brothers are not at some times, but he was always there for me when I needed him and he was always looking out for me and the friends I would associate with, and for a long time I never appreciated that because I always thought he would always be here for me, and now I no longer have a big brother.

I still remember receiving that devastating phone call that July evening. I will never be able to get my parents screams out of my mind. I will never forget dropping to the floor and having to have my friends and my common-law husband Brad pick me up while I tried to catch my breath.

Brad & I were suppose to be starting our vacation together on the Friday after Tim was murdered but instead we ended up packing as fast as we could, so we could come be with our family. Brad started driving from our home in Edmonton while I tried to come to terms with the reality of what happened which to be honest I don’t think I will ever be able to come to terms with any of this. We drove for 13 hours throughout the night after working all day, until we pulled into the driveway of my childhood home, only for me to look at Brad & say “ I can’t get out. I can’t go see my parents” Then to find out that the media was parked out front of my families house in the city and that I would not be able to go and see them until the next day, which broke my heart in so many pieces that I would not be able to be there for them, and they were not able to be there for me when I needed them.

Tim called me the night he was getting onto the bus, as he needed directions to the Greyhound bus depot. Because of the horrific mutilation that Mr. Li exercised on my brother I will forever live with the regret, gilt and question of why? Why did I give Tim directions???

After hearing the soul killing details and descriptions of what happened to Timothy that night I was unable to eat for I believe (5) days. Because I didn’t eat anything for that length of time I was severely sick and had such bad stomach pains I couldn’t even stand up straight. I needed someone to cut up any food I attempted to eat afterwards because when I tried to use my knife with my supper my hand would not stop shaking long enough for me to cut up my own food, and I still have a hard time eating any meat.

I am still not able to sleep throughout the night without being awakened by the haunting images that will forever be burned into my spirit. I have had to reduce my workweek as it got to the point where I was late every other day and my co-workers had to pick up my slack. I was so tired and still unable to sleep or to stop my mind from replaying the images of seeing my brother suffer or calling out for help. Worse……… I am not able to stop seeing specific details of Mr. Li defiling my brother’s body.

It has been extremely difficult to try to move forward with my life. I have had to fly or drive back to Winnipeg on several occasions to be with my family, over the holidays or for any court appearances, and counseling.

I find it difficult to enjoy life’s simple pleasures or certain aspects of my future. I will not have my big brother at my wedding & my children will not have their uncle Tim around to spoil them. What I will have is a memory of the day after what is suppose to be a fun, exciting, milestone birthday of turning 21years old a nightmare and sorrow filled day of burying my big brother.

I thought that would be one of the worst days of my life but then shortly after my birthday is Timothy’s birthday, and then Thanks giving, Christmas, new years, and now every year on July 30th It will be the anniversary of when my brother Tim had his last smile, his last laugh and his last breath.

Mr. Li took that from him and from us. You…. Li will have to live with the demons and the guilt of what you have done.

Carol de Delley’s Victim Impact Statement…in its entirety.

I would like to thank your Honor and the court, for allowing me this opportunity to attempt to put into words, the affect this crime has had on me. Continue reading Victim Impact Statements…

Review Board: Vincent Li to be detained in custody… For Now


Review Board

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

AND IN THE MATTER OF: Vince Weiguang Li

AND IN THE MATTER OF: A Disposition hearing held in Winnipeg, Manitoba on Monday, June 1, 2009

QUORUM: John Stefaniuk, Chairperson
John Brown, Member
Dr. Thomas Thompson, Member
Dr. Maralyn MacKay, Member
Peggy Dillon, Member

APPEARANCES: Vince Weiguang Li

Mr. A. Libman and Mr. G. Bates,
Counsel for Mr. Li

Ms. C. Deegan,
Counsel for the Attorney General


Vince Weiguang Li appeared before the Review Board on Monday, June 1, 2009 for a Disposition hearing pursuant to Section 672.47(2) of the Criminal Code of Canada.

In making this disposition, we have considered the evidence before the Board at Mr. Li’s hearing, submissions by counsel, the evidence of Dr. S. Yaren and the victim impact statements filed in these proceedings, on June 1, 2009. We have also taken into consideration the need to protect the public from dangerous persons, the present mental condition of Mr. Li and his reintegration into society and his other needs.


Mr. Li was required to appear for this hearing, having been found not criminally responsible on account of mental disorder in the Court of Queen’s Bench, Winnipeg, Manitoba on March 5, 2009 with respect to a charge of Second Degree Murder. After rendering the verdict, the presiding justice did not make a disposition but granted an extension of time to 90 days within which the Review Board is required to hold a hearing and make a disposition regarding Mr. Li.

The facts surrounding the index offence and those related to Mr. Li’s background and history are set out in the agreed statement of facts submitted by counsel in Mr. Li’s trial before the Honourable Justice Scurfield in the Manitoba Court of Queen’s Bench and the reports of Dr. Rootenberg, Dr. Robertson, and the several progress reports of Dr. Yaren prepared following Mr. Li’s incarceration and the direct evidence of the witnesses which also formed exhibits in this hearing. Those facts were not put in issue by the parties at this hearing. Continue reading Review Board: Vincent Li to be detained in custody… For Now