Becky Rynor, Canwest News Service
Published: Tuesday, May 26, 2009
Manitoba's criminal code review board meets Monday to decide whether Vince Li, who was found not criminally responsible for killing Tim McLean last July, should now be institutionalized or given a conditional or absolute discharge.
Fred Greenslade
The public may never learn whether a man who decapitated a fellow passenger on a Greyhound bus en route to Winnipeg last summer is hospitalized or released.
Manitoba's criminal code review board meets Monday to decide whether Vince Li, who was found not criminally responsible for killing Tim McLean last July, should now be institutionalized or given a conditional or absolute discharge.
Tim McLean, pictured at left with an unidentified friend's baby girl.
"Our current practice has been to treat the decisions as being private and only available to the parties involved and to the treatment team," said John Stefaniuk, the chairman of the review board. "However, we are aware that information in other jurisdictions is readily made available, particularly in Ontario and British Columbia."
Li said the voice of God told him to stab, behead and cannibalize McLean's body because the victim was an evil, supernatural demon that would kill him.
Testimony from two doctors said Li was suffering from a major mental illness.
Dr. Jonathan Rootenberg agreed with Dr. Stanley Yaren that, despite committing one of the most gruesome crimes in Canadian history, Li could one day be rehabilitated and returned to society.
Stefaniuk said releasing the board's decision could violate Li's rights as a patient.
"We have received some advice that the board is subject to provincial privacy legislation. So, of course, if we have advice to that effect, we're certainly going to comply with that," he said. "But we're looking to see to what extent that restricts our ability to release decisions or release reasons for decisions."
A spokeswoman for the review board said decisions are automatically released to "designated parties" which are the Crown, the treatment team, the designated hospital, the patient and his counsel.
"The family are not designated parties," said Bev Scharikow. However, she said "that is being looked into at this point. It's kind of up in the air what is going to be released."
McLean's mother has said Li should be treated as a criminal, not a patient.
Carol De Delley said that the courts should change the classification of not criminally responsible to not psychologically accountable, but still criminally responsible, "because a crime was still committed here. A murder still occurred," she said.
Copyright (c) Canwest News Service
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