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”