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…