The London Free Press has undermined their standing to mount a legal challenge to a bona fide publication ban and have castrated themselves of being a fair voice.

“Keeping in mind her safety. The Free Press never identified her during this week’s trial, even though there wasn’t a court-ordered publication ban.” Free Press

My father was a newspaper editor. He told me once that he often had mothers plead with him to keep Johnny’s name out of the newspaper; specifically the court reporting. My father knew all these people personally as it was a small community. It must have been difficult but he had the integrity to follow ethical and unequivocal news standards. He published my ex-wife’s name when she plead guilty to assault and he would have published mine had he been alive. It was an unenviable position but in some ways it was the easier avenue for my father. If he omitted Johnny’s name he would have to do so for others. The criteria would become chaotic. What would you use as a guide? Do I publish some, a few or just you?
What protocol was followed or not followed in the case of keeping secret the identities of those involved in this case? If the court did not proclaim any issues of safety, who revealed or how were they fashioned by the Free Press? There are rules to publication bans and I think Londoners should be informed of the Free Press instances and exclusions. Is it willy nilly? Does the court reporter throw a coin in the air and call heads? Should I contact the sports editor to find out what the exclusions are? If the court found no legal or so called safety issue and therefore imposed no publication ban what grounds did the London Free Press have? Who advised the Free Press that safety was an issue?
The first day this woman’s identity was unfoundedly protected the London Free Press coverage became prejudiced. It is difficult to protect a victim without creating an offender. It can only be inferred that the Free Press assumed the accused to be guilty prior to him being officially found or in this case claiming to be so. At the point of secrecy both individuals were only alleged.

The London Free Press and or Sun Media have undermined their standing to mount a legal challenge to a bona fide publication ban. They have castrated themselves of being a voice for the community and seem to have an agenda and or are influenced by certain agencies and individuals.
“Keeping in mind safety,” will the Free Press also refrain from revealing identities in other cases? What are the parameters? Who provides the litmus? Is it to be reserved only for alleged victims or will the accused also at times be protected? There are verdicts of not guilty. Will the London Free Press protect an alleged offender? The revelation of their identity creates conditions which are unsafe for them and their families. Some people are only ever accused. What about the accused who will never be found guilty? What about individuals who are Not Criminally Responsible? It is difficult to argue that Vincent Li who killed Tim McLean wouldn’t be safer if his identity was protected.
If find it frightening that the Free Press has taken it upon themselves to identify those worthy of anonymity for safety or any reason outside of a court decision. It flies in the face of the Charter of Rights and Freedoms and the presumption of innocence.
http://www.lfpress.com/2015/10/07/husbands-surprise-plea-ends-london-attempted-murder-trial

Ignoring inflation it cost $550 000 dollars to deal with my mental illness institutionally.

I read an article in the London Free Press regarding policing and mental health. In a survey Londoners were asked :

“What do you think is the most important crime-related or policing problem facing the community and London police?”

Mental illness replaced downtown safety/bar issues in the top five. Why do Londoners believe that mental health is a police concern? If physical health is not a police concern why is mental health? If diabetics deserve doctors from start to finish why wouldn’t people with mental illness? If we are ever going to view mental illness differently we need to insist on medical interventions rather than law enforcement interventions. Part of the problem is the widespread perception that mental illness is synonymous with dangerousness.

Less than 3% of violence is attributable to mental illness in the absence of substance abuse. If ever we notice someone we suspect as hearing voices or disoriented in their thoughts or actions or somewhat delusional we might cross the street. The truth is that on both sides of the street 97% of our vulnerability to violence comes from the people who have no mental illness. People with mental illness are more often the victims of crime than the perpetrator.

When we allow law enforcement to administer to a health concern it is little wonder that the health concern becomes stigmatized, related to crime and associated with violence. If the police escorted diabetics to the hospital we would all have similar impressions about diabetes. Consider what we visualize, assume, think, feel and understand about mental illness. Now imagine having similar perceptions for a cancer patient. It would be unfair to the diabetic person or the individual with cancer but for the mentally ill it is as it would be for others with other illnesses; a barrier to treatment and a difficulty of rehabilitation.

Five years of my life have been spent under 24 hour care 7 days a week in an institution. Ignoring inflation it cost $550 000 dollars to deal with my mental illness institutionally. If a tenth of that money was used for comprehensive treatment in my youth, I might not be writing this.

A mental health clinician paid $60 000 dollars per year could have treated me for one hour a day for 70 years.
If we continue to fund and access policing and correctional measures to deal with mental illness we will forever feed the wrong end of the cow.

We do not fight cancer by building more cemeteries.(King)

When I first started living in the community after the forensic hospital I saw a psychologist once a week, a specialized therapist once a week and my psychiatrist at least once a month. Those supports were needed initially and they would have been expensive but it was nowhere near the near $350 dollars a day it cost to keep me in an institution. People can be monitored and treated in their own homes.

I could simply say an ounce of prevention is worth a pound of cure but people might miss the point.

We leave mental illness unanswered and instead we deliver services mainly in times of crisis. Figure out the cost of an ambulance, two police officers and a truck or two of firefighters to respond to a suicide call and with any luck deliver that person to an emergency room and possibly a psychiatric unit for an indefinite period.

Now figure out how much it would cost for a therapist to prevent it in the first place.

If the financial realization is not enough for you consider letting heart disease progress to the point where invasive measures were necessary. With every other illness we prescribe the greatest amount of medicine at the beginning because to let any illness worsen is more devastating, difficult and expensive to treat. The social costs are immeasurable.

If you were ask a child how she feels about her father finding the best treatment for his heart she would likely answer the same for helping her father with schizophrenia. The best medicine at the beginning is not rocket science.

We are stupid to continue as we do but we are wrong and inhumane to do nothing.

People seem to think you are either for Tim McLean and his family or for Vincent Li. Balderdash!

I had a gentleman email me a letter regarding Tim McLean and Vincent Li. I disagree with most of what he has to say but I respect his attempt at dialogue. He took the time to express himself and was civil with me. Normally, I would dismantle his arguments and refute them each by each but I will let his letter speak for itself. He has revealed several issues that I believed underscore the hate and stigma that surround this tragedy.

I have pointed out that much of the stigma surrounding Vincent Li is ignorance. I still believe that. People are spouting their unsubstantiated opinions and are rarely attempting to become knowledgeable or informed. Some are actually using their opinions as a shield to information.

I would like to speak to one point I find personally offensive. This gentleman and others take contrary information and arguments as absolutes. Some people seem to think you are either for Tim McLean and his family or for Vincent Li. Balderdash! I attempt to explain and argue factors surrounding mental illness, Not Criminally Responsible and Mr. Li not because I do not support Tim’s mother, friends or anyone else involved in this tragedy. If Tim’s mother’s side or voice was not being heard or supported I would be bringing that to light as well. Tim’s mother has the ear of the Prime Minister and government and a nation is behind her. I include myself in this support but I speak the other side and to other issues in an attempt to provide a degree of balance. People seem to be saying there is something wrong with this picture without looking at the whole picture. A book, painting or person rarely makes sense when viewed only partially and reality is distorted when our focus is a pin point.

One person threw in my face, “what if that had been your son?” I Tweeted back and asked if they were referring to “Vincent Li or Tim McLean? We could be a parent to either.”

My son is about the age Tim was when his life so tragically ended. I cannot put myself in Tim’s mother’s shoes and I would never profess to understand or comprehend her ordeal. I can however come as close as anyone claiming anything similar. What makes me unique is that I can to a degree empathize with Tim’s mother but I can also imagine being Vincent Li or Vincent Li’s parent. If it is fair to ask me what if Tim was your son it then becomes fair to ask what if you were Vincent Li or Vincent Li’s parent? Part of the solution is for each of us to more seriously consider being Tim McLean, Tim’s family and Vincent Li and Vincent Li’s family.

After reading this man’s letter I have a softer view of some of the ignorance. For some it is not a capacity they have. I don’t think this should be an excuse to not strive but I do not think it is fair to attack.

Hey
so i just read your article in response to vince li( i don’t give him the benefit of being called a mr cause he doesn’t deserve it).
I don’t take this out of anger or me not understanding of the disease li has.You seem to be a very smart man, well written article just disagree with you and anyone else who thinks vince li should have freedom or is completely healthy, I have never argued that fact or point my argument or disagreement with is everyone is posting li the victim. He did the crime. ( not like i would know i am not a doctor or a lawyer just a everyday regular joe concerned with the worlds safety)
A rapist is a rapist ,a murderer is a murderer no matter the mind set you have to be sick to do the crime like Li he did the real victims and continues to be Tim Mclean and his family through the justice system and the health system.
The fact that any one would defend these such actions is baffling to me.These quake doctors that are releasing him and giving him more & more freedom want nothing to do with him ,won’t put him up at there own house don’t want him over for the next family dinner or have li in their community.
So with that being said lets be honest with our selfs here for a minute vince li will be completely free and be in charge of his medication one day one day very soon and what will happen that one day he forgets to take his medication and goes past a elementary school just out for recess and li hears those voices again and down kid yourself just cause he is being made to take his medication and he seem s to be doing better because he is being medically sedated with medication and being watched and monitored.
The fact that people believe he his cured and can’t compete a crime again is wrong cause this has happen once before where a guy was found criminally not responsible for killing a young woman and he was released few years later and committed another murder of 2 more.
Its not fair to justify this crime/murder by a disease poor Tim Mcleans soul will never rest
The one question i keep asking is What do we Owe to this man Vince Li? as a nation ,as other humans . What has vince Li done for Canada? he was a immigrant less than 10 years do we really owe him anything now society expects us to house him in our community near our family`s , teach him skills to get a job and to live every day life i don’t believe he deserves that the best Li deserves is either a needle to end his life ( eye for an eye) or permeant waste of life in a facility to provide him the help and care he needs since he needs to be watch and medication on a daily to operate like another human.
The best test the selkirk hospital should do is take Li off his medication while he’s still there and see what the results would be.
Thanks for listening to my thoughts & ideas i have and put out hope it opens your eyes but probably not since with this case i find you either one either side Vince Li`s or Tim Mcleans & family
Have a great day

Sincerely,

RE: Vincent Li and Tim McLean. Compassion isn’t a dart we throw it is a net we cast.

I spent the weekend battling on Twitter. I don’t often Tweet but there was much ignorance I felt compelled to refute. Vincent Li who was found Not Criminally Responsible for a very disturbing and tragic incident is in the process of being granted a progression of freedoms in his treatment and rehabilitation. It needs to be clarified that these measures will themselves be measured and monitored. It is also important to understand that Mr. Li has been assessed by several psychiatrists who are in agreement as to the status of his mental health. Most importantly the individuals who contribute information and make decisions on that information have and always will ensure that public safety is paramount. Paramount.

I am not an expert in law or medicine. I have some information about each but my specialty is what it means and feels like to be caught between the two. If you want the definition of psychosis you can ask a doctor. If you want to know what the experience is like, you can ask me. If you want to know the intricacies of Not Criminally Responsible ask a lawyer who specializes in such. If you want to know how those processes affect an individual, you can ask me. I don’t consider myself an expert by any stretch but few know what I know. My journey is far removed from what most experience and I believe that is where my use is found.

Unfortunately, people with opinions often have no desire to hear from someone who actually knows something, as it interferes with their ignorance. Opinions have value but when their basis is ignorance they become water balloons without water; completely ineffective and they go nowhere.

I heard the voices that are incensed and incredulous over the appearance of the case. In my estimation most of these individuals are using headlines for a measure and as a basis of knowledge from which to form and progress their opinions. If a person looks only at the atrocity they can only make basic conclusions.

The severity of the offence is not the indicator of recidivism. If a person stabs another twice they are not twice as likely to re-offend as the person who stabs once. It is an asinine assumption and a distortion of logic. The brutality of the offence for which an individual is found Not Criminally Responsible has no bearing on their prognosis or recovery. The absence of blood in no way determines the effectiveness of medications and the presence of blood in no way determines the efficacy of treatment and rehabilitation.

Tim McLean who is the deceased in this case is clearly a victim. He was simply a passenger on a bus. However, there is more than one victim. We have to consider the families and friends connected to all involved. We have to consider witnesses and first responders. We have to consider communities. We also need to consider Vincent Li himself. Mr. Li is a victim of a mental disorder and a victim of public backlash, stigma and hatred. He no more asked for this event than anyone involved. To be a monster to a nation as a result of an illness is a weight that must also be measured. Mr. Li did not choose his illness and he is quite likely near the front of the line of individuals who would wish the event never occurred.

People confuse psychosis with psychopathy. They are two vastly different states and it is unfortunate they are phonetically similar. It is the same as confusing dentistry with dysentery. Psychosis and hallucinations are Axis 1 disorders while psychopathy is Axis 2. Twitter was awash with words like psycho and I would direct those people to the internet to actually find out the meanings and intricacies of mental disorders. Knowledge is power and slang is pathetic and painful.

I was disappointed to uncover the extent of hatred and intolerance that exists in Canada. People seem to embrace the biblical “eye for an eye” mentality all the while ignoring the New Testament and specifically the red letters attributed to Christ. I guess it is easier to cast stones. Possibly people gain a sense of self righteousness and can forget their own faults. An “eye for an eye” does not bring peace or restore the order of the universe. The universe is unfair and unjust. Just ask a child with a distended belly in a third world nation. People seem to believe the world is just and they become quite worked up trying to make it so through mental manoeuvrings. An “eye for an eye” leaves two people blind and it only expands suffering. It is rather imbecilic to think that suffering can relieve suffering. It is also a little sadistic to find peace in anyone’s pain.

Many individuals seem to think that Vincent Li may be better but Tim McLean is still dead. My sympathies go out to all involved but Tim McLean will be dead no matter what happens to Vincent Li. There is no logic in that argument or revelation and nothing that is done will alter what happened to those involved.

People were flying off the handle saying maybe Mr. Li’s psychiatrist who assessed him should have him as a neighbour. The fact is Mr. Li was assessed by several psychiatrists who came to the same conclusions. The general public and even Members of Parliament like Shelly Glover think they should be the ones assessing and that their opinions which originate from newspapers or less are the only assessment tool needed. We need to allow those who are trained and knowledgeable care for the community and Mr. Li. Despite the brutality of the offence Mr. Li is considered low risk and has been assessed and is being monitored. Few of us could say the same thing about our neighbours. No one is immune to mental illness and it does not discriminate. To an extent we are all capable of atrocity if we become ill to the point Mr. Li was. If you disagree please point me in the direction of the magic water you swallow to prevent mental illness.

I was called a douche, a jerk, a scumbag, a murderer advocate and was told to go hang myself. All were desperate and illogical attempts to overcome the disparity of being confronted by someone found Not Criminally Responsible and who is intelligent, logical and able to disseminate information, form relatively sound opinions and coherently craft them into Tweets. I got a little saucy myself but being the Not Criminally Responsible individual in these arguments I tempered my responses. I came to the somewhat biased opinion that I would rather have me as a neighbour than these scary and somewhat unstable twits. I have been tested and proven not to be a psychopath or sociopath but these individuals cannot claim the same. I don’t much care what they Tweet from their parent’s basement but I am concerned that they interact with others in person and that they are probably allowed to obtain firearms and most terrifying; can vote.

I came to the edge of being insulting and was uneasy with where I found myself. I am one of only a few who to a degree represent individuals who have been found Not Criminally Responsible. I do so not always out of desire but more so out of duty. There are many days I wish to be more ordinary and forget what is past. I realize though that my abilities, experiences and gifts are meant to be shared. I have near total recall of most of my psychosis and as much as it is a curse to remember all of that, it is somewhat rare and it would be a loss not to explain and share with others in an attempt for us all to understand each other. I don’t have fame or popularity to promote my causes. I am involved in the unsavory aspects of mental health: Not Criminally Responsible, the Canadian Criminal Code, Board of Review hearings, courts, police and corrections. Possibly I could let some of this slide if Clara Hughes jumped in but she’s busy on her bike.

I told one individual to “say Hi to everyone on his paper route.” I felt bad that I might be misinterpreted. I have every regard for individuals who support or supplement their income from delivering periodicals. Unfortunately, the 140 characters allocated by Twitter did not allow me to explain my meaning. When I was growing up teenagers delivered newspapers and I was implying that this individual was a child in his thoughts and arguments.

I think it is fair and acceptable that I get a little saucy. I don’t believe that since I was found Not Criminally Responsible that I need to portray something meek and gentle. I am and we all are many things. Part of my point is that I am no different from anyone and I posses characteristics that many and most humans posses. In a way being sarcastic and cheeky is an exercise in illustrating my ordinariness. I grew up with three brothers so I was born and bred to stand up for myself. For years I was unable to do this as I was in jail or hospital. If I had no voice I would be skinnier than I am. I traded barbs with my brothers as an exercise of intellect and debate and it was an ingrained and somewhat socially conditioned form of love. We did not hug each other though we do now. Instead we insulted each other as a form of attention and we found affection, comradery and even respect in its often humourous arms.

The one individual who seemed quite engaged in trying to enrage me gave up when I asked him his real name. He was calling me “champ” in some attempt to belittle me and I told him “my name is Brett and I do not hide.” My full name is attached to my Twitter account. This child was Tweeting from behind his mother’s skirt and when I said to “step up or shut up” he implied that I was threatening him. I reassured him and told him he couldn’t “hide and speak” and that I simply wanted to know if he “was a mouthpiece or a man.” He did not give his name which confirmed he was in fact just a mouthpiece. He was a noise originating from the area of the head but not the brain necessarily.

People were arguing that if Mr. Li misses a dose of his medications he will buy a bus ticket and repeat his actions in some form. Medications are important but only a fraction of the treatment and rehabilitation Not Criminally Responsible individuals receive. Further, these individuals are monitored and know themselves the importance of their medications and the other aspects of their treatment and recovery. In the case of Mr. Li there are a series of supports in place and extended that were not present at the time of the offence.

People think Mr. Li should be locked up forever and worse. Punitive measures do not alter the cause of the offence when the cause is mental illness. Treatment and rehabilitation of the individual with the illness is not only humane and progressive, it is the only successful and logical approach. Mr. Anonymity was trying to argue that all criminals should be medicated and why was Mr. Li so special? Firstly, Mr. Li is not a criminal and secondly they have not discovered medications for greed, stupidity and evil. As you might conclude it was draining attempting to inform such moronity. If I had to do it again I might just walk away as many of these individuals used their opinions as a shield to information. However, some of what I was saying was getting out there and their deflection did not mean I did not reach anyone. I am also pleased that there is a lasting public record of their stupidity. Maybe eventual embarrassment will guide them towards a book.

People were using the grief of those involved as a basis and argument for their hatred, ingrained ignorance and intolerance of people and circumstances they have little basis of knowledge in. People think they are being sensitive to victims and compassionate but compassion isn’t a dart we throw it is a net we cast.

Ontario Provincial Police (OPP) Mental Health Strategy, Ect.

I don’t often advocate for the police. They have unions and each other so I don’t view them as disadvantaged or marginalized. They are not on my radar so to speak 🙂 I usually defend those who are unable to stand up for themselves or who do not have the opportunities and advantages that I do.

In my recent encounter with Ontario Provincial Police officers I have softened and expanded some of my views. Few of us have the honour or opportunity to share a meal with the police and their humanity is nourishment itself. I don’t want to disappoint those who find me a refreshing prick with a pen but I have a few points for us all to consider.

Most people do not know that since I was a child, I dreamed of being employed in law enforcement. I know of few better examples of irony. I also have several friends from my youth who are police officers. I can name at least seven who I played high school football with. I am fairly outspoken regarding tragedies that involve mental health but do not think I would not be as upset to hear of an officer falling in the line of duty.

Many of us have an uninformed sense of what the police are like. They are the brutes who give us speeding tickets. I agree that it is an annoying pastime of theirs but they are attempting to keep their families safe as well as yours. We do not blame the baker for making us fat.

Like everyone I am influenced by the media. With the media preoccupation with the sensational we are force fed and filled with any and many officer mistakes. To make an analogy it is no different than hearing that the Toronto Maple Leafs have actually won a game and concluding that they are having a great season.

I tried digging up some real numbers to provide some perspective and fairness. There are over 26 thousand police officers in Ontario. The few we hear about as having fallen short in their duties would be statistically minute and invisible on almost any graph.

I was aware that police officers are trained and informed that a person with a knife can be lethal at a range of 15 to 20 feet. I might be spatially disabled under such conditions. Officers are trained to use lethal force in these instances. I will still argue that a greater distance should be maintained where possible and appropriate but it is comprehensible that such situations do not always work out. I would imagine that any officer who had to make a lethal decision would be haunted by such and it is understandable why officers also suffer from Post Traumatic Stress Disorder.

I have argued against the use of Tasers on mentally ill individuals as they are often disabled and it is a health condition. We need to guard against Tasers being used too often but in speaking with an officer I see their value. An individual with a knife who charges at a distance of 20 feet will still reach the officer even when shot with a gun. This is a no win situation. The Taser if successful will stop that same individual in their tracks. I would rather have to deal with psychological and temporary agony than find myself and or someone trying to help me in a coffin. I have a family as do they. The consequences of the lethal use of a firearm are far reaching.

We can point out that 92% of officer fatalities are committed with a firearm or that police homicides occur 23% of the time involving robberies and 3% occur apprehending psychiatric patients but I’m not sure those numbers would make me feel better if I was faced with a knife and I am unlikely to call on statistics or probabilities when I see that knife waved in my proximity. Any weapon is problematic.

I could only find numbers from Vancouver but they may still be relevant. One third of all police calls involve people with mental health issues. Let’s assume that the Ontario Provincial Police are dealing with similar numbers. I think the police have been put in a place and are being called on to remedy issues that are not theirs to own. Mental health is increasingly involving agencies that were never meant to be mental health service providers; police and corrections.

We can scream and shout at them both but the solution doesn’t entirely lay with altering what they do. We need a number other than 911 to call and we need to prevent and protect individuals from entering the justice system as a result of their addictions and mental health issues. Thirty percent of individuals come into contact with the police in their first experience trying to access mental health care. We don’t change the diaper when an infant needs to be burped.

There are agencies better suited to serve the mental health needs of Ontarians. These organizations and agencies need to be better coordinated, better funded and more accessible. To keep things as they are is monumentally more expensive fiscally and socially. We will have less need to call 911 if mental health care can be obtained prior to crisis. The police will always have a place and we need to be grateful for that. It is an unenviable position and a difficult duty. It is unfair to the police and Ontarians to make police an automatic selection for mental health issues.

I am showing my support to the Ontario Provincial Police not because I now know several more outstanding officers but because I deeply desire better outcomes for Ontarians. I will still point out problems and they may be the target of my often sharp and ill timed sense of humour but in the case of the Ontario Provincial Police and specifically the Elgin County Detachment I see compassion, promise and an active engagement in improving the mental health outcomes of Ontarians. Is the Ontario Provincial Police Mental Health Strategy perfect? Possibly not but I am inspired and I believe community stakeholders can co-operate and implement something of an improvement.

The quarterback doesn’t throw the ball because he is incompetent or incapable of making headway; he knows the receiver stands the best chance of the most advancement. Community stakeholders are the wide receivers. We have been calling the police for help with mental health matters for decades. Community stakeholders are now being called on. I believe they can handle the pass.

I would rather not have Stephen Harper and Peter Mackay making maps on thought until they are themselves good at it.

I don’t usually pay too much attention to the news but last week like many Canadians I was near my radio.

I felt a wave of something when I learned of a soldier’s death. I don’t see regiments and uniforms when I think of a soldier who has fallen. I see families and communities and now a nation. May mercy reign on those nearest to Cpl. Nathan Cirillo and may resilience rule the rest of us. We are all in some sense left to take over Cpl. Cirillo’s duties; we must stand at attention to the unknown.

Those who we trust to know and those who tell us they do are scrambling like rats on a listing ship. My biggest fear is not that any will drown but that the course they steer will be political more than sensible. Will we purchase police and forms of recognizable security for an invisible foe? How do we wage war on beliefs? Soil itself has been turned red by battles of beliefs.

If we want a sense of what goes through a jihadist’s mind we might consider having bombs falling on our own church of thought. It is dangerous to police thought and affiliation. It is a slippery slope we may never find our way back from. The changes we have induced following 9/11 are with us forever and we must consider the same of future reactions to these events. If changes are war measures we may take comfort but Stephen Harper’s conservatives never really mentioned we were going to war. I heard some trifle about a half dozen aged planes but I missed the address to the nation about a declaration of war.

The threat is presently ISIS but any measures taken will be excuse for any threat, real or imagined. Are we prepared for that? The brush we use for ISIS may wander from the conservative paint by numbers and we need to guard against Muslims and mosques being suspect. We will have precedence and momentum to enact measures against any group. What happens if Jewish people are targeted? Will we monitor and mute any who are anti-Semitic? What will be the threshold of anti-Semitism; pro-Palestinian? Who will decide and who will watch those who watch the rest of us? I would rather not have Stephen Harper and Peter MacKay making maps on thought until they are themselves good at it.

I am saddened and angered by these events. These military deaths almost can’t be compared to those who died in the midst of battle at Vimy, Dieppe or Afghanistan but they must. If we recoil with a reworking of fundamental freedoms, two soldiers killed on home soil will make the very ideals and institutions that thousands have died for mute.

Slightly Medieval Misconceptions

There seems to be a public misconception perpetuated by the media that when an individual is brought before the courts anyone can make an attempt to use the “mental illness card” and seek a designation of Not Criminally Responsible On Account of a Mental Disorder (NCR). Firstly, when a lawyer seeks the designation of NCR it may be the prosecution or the defense and it is rarely at the direction of the accused. Secondly, it is not pursued for any individual with a mental disorder but only in those cases where there is a possibility that the mental disorder rendered the accused incapable of appreciating the nature and quality of the act or of knowing that it was wrong. There needs to be a causal relationship between psychiatric symptoms and the offence. To have a mental disorder itself does not automatically lead to a loss of reality.

A finding of NCR does not simply mean that the accused has a diagnosis but that the disorder removed a crucial element of a crime. In order to be convicted of a crime the prosecuting crown must prove that there was criminal conduct or a guilty act but also that there was a criminal state of mind or a guilty mind beyond a reasonable doubt.

In certain instances a mental disorder can render an individual incapable of appreciating that an act was wrong which can subsequently prove that their mind was not guilty. It is not a matter of being ignorant about a law it is a matter of being incapable.

Individuals who are found to be NCR are not innocent or guilty and are thereafter referred to as the accused. They are usually confined to a forensic hospital for treatment and rehabilitation for an indefinite period. Their progress or lack thereof is reviewed yearly by a Review Board and a disposition is decided by a panel after hearing evidence from the hospital, the crown, the accused and the victims. Restrictions may be removed or added depending on the evidence. Public safety is paramount and it follows that the least restrictive and least onerous conditions for the accused are put in place. Treatment and rehabilitation are important but they do not overshadow public safety.

There are instances where a finding of NCR could be pursued but some lawyers do not pursue it as it places their client in a position of indefinite custody. To act in the best interests of their client a finding of guilt is preferred as the freedom of their client is determinant. This is logical but serves no one as the underlying illness is sometimes ignored. From the perspective of public safety this is the less desirable option as treatment and rehabilitation reduce recidivism.

There is a misconception that to be found NCR is some form of getting off. In some instances NCR individuals gain community access sooner than if they were sentenced but the opposite is just as probable.

My interest in the Luka Magnotta case is that it provides me an opportunity to inform and educate. These high profile cases highlight the stigma and misconceptions that permeate our society. The attitudes that spring forth are of little consequence to me personally but I am alarmed because they affect all individuals who experience mental illness. NCR is not a club or union that seeks members. Like anyone I would prefer to see no NCR cases as I am acutely aware that there are victims on both sides.

The NCR provisions in the Canadian Criminal Code protect us all on many levels. They insure humane and progressive treatment of the accused and for anyone with insight who realizes they are not immune to mental illness it is a relief to know you would not be punished for an illness that rendered you incapable of appreciating the nature of a wrong. No one should be punished for events that are beyond their control. This is civilized and this is humane.

I personally believe that the defense in the Luka Magnotta case has a difficult task but my mind remains open to all possibilities and I will wait for more evidence. There appears to be evidence of knowledge of wrongfulness but even this could be explained in the light of a mental disorder. There can still exist an impaired ability to reason or appreciate. It has to be proven that Luka Magnotta had the ability to apply the knowledge that his actions were wrong. To form an opinion and tie the knot of the noose in the first week of a trial is unfair, dangerous, irresponsible, unjust and slightly medieval.