Mr. Li's political demons

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(DALE CUMMINGS)

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The public interest is never served when political leaders exploit horrific events for tactical advantage on Main Street, but that's exactly what Justice Minister Rob Nicholson was doing when he breathlessly announced last week he was reviewing the Criminal Code to ensure society would be well-protected from the likes of one Vince Li.

Mr. Li is the man who beheaded a stranger, Tim McLean, on a Greyhound bus four years ago while in the grip of a severe schizophrenic episode.

The case garnered international headlines at the time, and again last week when a review board decided Mr. Li should be allowed on escorted visits away from the Selkirk Mental Health Centre, where he was sent after being found not criminally responsible for the slaying.

The decision by the Manitoba Review Board was based on four years of medical assessment that determined Mr. Li, 44, posed a very low risk -- less than one per cent -- of violently reoffending.

The determination considered numerous factors, including Mr. Li's insight into his condition, his willingness to take medication and receive help, as well as the complete absence of a history of crime, or drug and alcohol abuse. He was also tested for a range of personality disorders, such as psychopathic tendencies, and found to be free of any suggestion he was anything more than a previously undiagnosed schizophrenic, a condition that can be controlled by medication.

Like all patients in similar circumstances, he was given a battery of tests to determine if he was trying to fool or manipulate the medical staff. Again, the tests did not indicate a problem.

If anything, the real question isn't why he is allowed to go for a walk in Selkirk today, but why it took so long? Considering the severity of the case, more time was considered warranted to evaluate his progress, but the hanging mentality of the general public undoubtedly contributed to the delay.

Under the Criminal Code, the review board can discharge Mr. Li with a range of conditions. He can be required to take a weekly urine test, to check in with police, to live in a designated place, to consult regularly with a medical specialist and so on. The patient could also be returned to custody if he refused to abide by the conditions.

It's hard to get reliable numbers on the recidivism rate for the not criminally responsible, but some experts say it is as low as two per cent in Canada. Others say it is much higher, but the reoccurrences usually involve minor offences.

Some critics say Mr. Li is getting away with murder, and he should be locked up forever because there is no way to be sure he will not behead someone again. In their world view, it's irrelevant that Mr. Li was unaware his actions were morally wrong and that he was incapable of determining right from wrong. They want him punished, forever.

Nor does it occur to these critics that it is also impossible to be certain that an alcoholic won't get in his car and kill someone, yet we don't incarcerate people for alcoholism.

As if on cue, Mr. Nicholson waded into the discussion, saying he, too, worried that people like Mr. Li might be "released onto our streets," where they will pose an ongoing threat.

The minister knows review boards are already obliged to put public safety ahead of any other principle, but he is more interested in pandering to Main Street and to those who lack both compassion and understanding.

People found to be not criminally responsible are detained for the very purpose of ensuring public safety, and not for reasons of punishment. Review boards can hold patients indefinitely if it is determined they pose a continuing risk.

Mr. Li will remain in detention until the review board is satisfied it is safe to release him. Given the grotesque nature of his crime and the political dynamics on crime and punishment in the country today, it's unlikely he will ever be truly free.

Republished from the Winnipeg Free Press print edition May 23, 2012 A10