Vengeance Is Not Justice

Mood Disorders Association of British Columbia

Vengeance Is Not Justice

Vengeance Is Not Justice

Mental illness is a disease. It is manifested in any number of ways. Some manifestations are merely inconvenient, some interfere with the ability to perform well or lead a normal life; some are dangerous; some destructive to relationships, reputations or to physical well-being. Some are destructive financially or to employment and career paths. Some are fatal to the person with the disease. Some are fatal to innocents.

There are two articles in the news today about mass shootings, resulting murders and the deaths of the perpetrators. Authorities and bystanders alike report being puzzled as to why this would happen. I believe mental illness is the reason.

Recently, one such sensational murderer has been to court and he admitted to a horrific act. Mr. Vincent Li of Winnipeg was found to be not criminally responsible for the murder of Tim McLean by virtue of insanity. He was and is mentally ill.

Ms. Carol deDelley, the mother of Mr. McLean, has created the deDelley Foundation for Life to pursue changes to criminal law. She wants anyone who voluntarily takes another person's life to lose his freedom for the rest of his life, regardless of whether he's declared ‘not criminally responsible’.

I believe Ms. deDelley is grief stricken and angry. I do not pretend to know how she feels and I am deeply sorry for her loss...But she is wrong.

The concept of being not criminally responsible is a historical legal response to the treatment of people who were being punished, in some cases killed, by the state despite being obviously delusional or because they did not behave in a normal manner. They were easy prey as perpetrators and many times didn’t put up much, if any, of a defense. They were called ‘idiots’ or ‘imbeciles’ in the criminal code and their treatment, by today’s standards, would itself be punishable in court.

One measure of a society must be its ability to protect its most vulnerable citizens from unjust treatment. We are still not doing terribly well in that but we cannot step back into darker times.

In the Criminal Code of Canada there is a defense of compulsion. If someone is, for example, threatening your family with death unless you commit a crime you can be held not criminally responsible for that criminal act. The person who directs the compulsion can be held responsible. In psychosis reality is altered but people really do see, taste and feel things and they hear voices, real voices, that won’t go away. These voices are persistent and they can direct one’s actions. In Mr. Li’s case he believed his direction was coming from God. What greater compulsion could there be? But where is the criminal in this case?

Mr. Li was treated for mental illness for years. He was not treated consistently nor was he compelled to continue the treatment. He was probably an elopee from an institution at the time of the murder. He travelled across Canada and internationally while mentally ill and his journey highlights the mockery that purports to be a mental health system. Canada still does not have a mental health strategy. It is the only G8 country that does not.

I do not know whether any treatment for Mr. Li will be successful. If a treatment is successful this organization will be front and center to demand he be allowed to regain his life. We will also oppose any action that threatens the liberty of anyone with a controlled mental illness.

Tim McLean is dead. That cannot be undone. If Ms. deDelley’s aim is to punish the man who wielded the knife many will agree though they should oppose her. That quest will not save any other lives. If she wants to hold those at fault accountable, fix the system and prevent further tragedies we will stand with her.

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MDA does not provide medical advice, diagnosis or treatment. See additional information.