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Crown won't fight Li's strolls

Tell public about security measures: Tories

By: Bruce Owen

Posted: 06/29/2010 1:00 AM | Comments: 0 (including replies)

‘The test was whether the decision was reasonable. There is no legal basis for an appeal’ -- deputy attorney general Don Slough (KEN GIGLIOTTI / WINNIPEG FREE PRESS ARCHIVES)

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

Manitoba's deputy attorney general Don Slough said a review of the Manitoba Criminal Code Review Board's May 31 decision determined that there are no legal grounds to appeal the order. The Crown had originally opposed the supervised passes for Li.

"The test was whether the decision was reasonable," Slough said. "There is no legal basis for an appeal."

The board's decision kicked off a political firestorm earlier this month when it said Li could have two brief supervised outdoor passes a day.

Attorney General Andrew Swan said that Li would not receive supervised walks outside of the centre's forensic unit "unless and until" unspecified new security measures were in place that satisfied the government. Those plans are still being formalized.

Swan was also roundly criticized by mental health advocates for his stance.

On Monday, Progressive Conservative Justice Critic Kelvin Goertzen said Swan's tough comments and the decision not to appeal appear to be a case of one hand not knowing what the other is doing within the Justice Department.

"You can't on one day say you don't agree with the ruling and the next day not appeal it," Goertzen said.

Goertzen said Swan has to tell the public what the new security measures are to stay true to his word.

A spokesman for the centre has said it was working on a plan that would allow Li the daily walks without compromising security.

Li was found not criminally responsible last year for the 2008 beheading of 22-year-old Tim McLean on a Greyhound bus near Portage la Prairie. He admitted responsibility for the attack but a judge found him to be suffering from hallucinations and untreated schizophrenia at the time, which left him unable to appreciate or control his actions.

Li is already getting fresh air and limited exercise in a small courtyard attached to the centre's secure forensic unit.

At the original hearing, Dr. Stevenr Kraemer told the board that Li was ready to start receiving supervised passes that let him out of his locked ward.

Kraemer said Li's treatment team endorsed the idea of letting him outside twice a day, up to 15 minutes each time. Kraemer said Li's opportunities could gradually be increased to a pair of daily one-hour leaves.

Li was to be accompanied by one nurse and one security guard at all times, which is an increase of the typical one-on-one supervision other residents receive.

The grounds are not surrounded by any fence or barrier and extra staff would likely have to be hired to accommodate the resources needed for Li, he said.

bruce.owen@freepress.mb.ca

Republished from the Winnipeg Free Press print edition June 29, 2010 A5

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