05

March

2009

NCR

Posted in : News & Media

Well, it is official. Vincent Li has been found Not Criminally Responsible (NCR) for the death of Tim McLean. For those of you who live under a rock, Tim McLean was a young man on his way home from his job at a carnival. He was taking a greyhound out towards Alberta, if I recall that point right, and was asleep with a pair of headphones on.

Vincent Li stabbed him to death and cut up his body.

I am not surprised by the verdict. In fact, in a way, I am oddly proud of it. We have proven that as a civilized culture we are able to look beyond the knee-jerk reaction and desire for punitive actions, and instead can take the high road and realize that mental illness is devastating. In this incident, I believe Li is as much a victim as McLean, just in a different manner.

However, I am not thrilled with this judgement. Here is why.

While I am proud of our system of laws, I have no faith in our execution of said system. Manitoba has released people by accident several times this year, and didn’t even notice for a day when several prisoners escaped simply by pushing the crumbling wall in their cell out.

Vincent Li will be in a mental institution for at least one year, at which time he will be put before a review board. He will have been supervised and on his medication for a year, and I have no doubt that medicated, Vincent Li could be a productive member of society.

He suffers from schitzophrenia, which is probably one of the most horrific mental illnesses one can suffer from. I have two relatives, an Aunt and an Uncle, who suffer from it. I know people who have it, or who have family members who have it.

The problem with this mental illness is that at its mildest, you have a bit of an oddball. Have an episode, and it can become violent. Such is the case with Vincent Li and Tim McLean.

While the medications that control schitzophrenia are nowhere near as vile as in years past, they still have side affects. People who take them regain their ’sanity,’ but once sane no longer want to take the medication. It’s a vicious cycle. It is also why this mental disorder is one of the hardest to treat. People do not stay on their medications.

Vincent Li has been hospitalized before. He has been treated before. He has never remained on his medication. He stops taking it. He will do so again should he be released. And eventually, he will be. That should never happen. That is what Tim McLean’s family insists upon.

I disagree with the NCR judgement as well for another reason. It is not valid in our law due to precedent, but it should be.

Vincent Li knew he was sick. He knew he had to stay on medication to remain healthy. He chose to stop taking his medication while in a right frame of mind. Therefore, he should be responsible for his actions while off his medication.

This is how people are guilty of driving under the influence. If you follow the logic presented in the NCR defense, a drunk driver should not be guilty as they were not in a right frame of mind. The reason why they are guilty of driving while under the influence is because during the period they were sober, they deliberately chose to partake of a drug which is mind altering.

Why does this not apply to someone who is healthy and sane choosing to halt taking medication that makes them so? Should they not be responsible for the consequences?

Overall, I feel sick inside. Tim McLean suffered a horrific death and spent his last moments in life in agony and terror. He deserved better, and that no one is punished for robbing him of that makes me so terribly sad.

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