The man who killed and beheaded a fellow bus passenger has been granted an absolute discharge, eight years after he was found not criminally responsible for the murder.
Will Baker, formerly known as Vince Li, killed 22-year-old Tim McLean on a Greyhound bus in Manitoba on July 30, 2008.
Baker, who has been diagnosed with schizophrenia, was declared not criminally responsible because of his disorder.
Manitoba's Criminal Code Review Board said Friday that Baker was no longer a 鈥渟ignificant threat鈥� to public safety.
鈥淭he Review Board has taken into account the safety of the public, which is the paramount consideration, the present mental condition of Mr. Baker and his reintegration into society and his other needs,鈥� the Board wrote in its decision.
The mother of Tim McLean, Carol de Delley, had argued against Baker鈥檚 release. In a brief Facebook post she said she had no comment on the decision.
Jay Prober, a criminal lawyer who represents the McLean family, said the decision was disturbing and called it a 鈥渢ravesty of justice.鈥�
鈥淭he board is supposed to look at the threat not only to physical safety but also psychological harm,鈥� Prober told 麻豆影视 Channel. 鈥淭he McLean family are members of the public and the board has ignored the rights of these victims.鈥�
According to Prober, it is possible for the attorney general, who represented the family at the review, to have a judicial review done to try and have the review board鈥檚 decision quashed due to not properly considering the psychological threat of harm to society.
Kim Schofield, a Toronto-based criminal lawyer, said the decision is surprising because of the notoriety and severity of the case, but was made on very firm legal ground.
鈥淭here鈥檚 a history of compliance,鈥� Schofield told 麻豆影视 Channel. 鈥淭he test is that he doesn鈥檛 pose a significant threat to the public. Not that he doesn鈥檛 pose any threat, but he doesn鈥檛 pose a significant one.鈥�
According to Schofield, the biggest concern is that it is up to Baker to continue to take the medication that has worked for the past eight years.
鈥淗e鈥檚 not court-ordered to do so anymore.鈥� Schofield said. 鈥淲e do have eight years of a track record that he has taken the medication and has done so religiously but the question is: What if he doesn鈥檛?鈥�
Justice Minister Jody Wilson-Raybould said the federal government is 鈥渃ommitted to ensuring that our criminal justice system provides the greatest possible protection for Canadians.鈥�
鈥淲hile I can鈥檛 discuss a particular case, individuals who have been found Not Criminally Responsible are in provincial custody, and decisions regarding their release and associated conditions are made by provincial review boards,鈥� she continued in a statement.
鈥淚t would not be appropriate for me to comment further as the matter may find itself before the courts on appeal from the Review Board鈥檚 decision.鈥�
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