Bier Vince Li got away with murder By Nikalas Kryzanowski Opinions Editor nce again we are reminded that Os has a legal system, not a justice system. The idea that a monster, by the human name of Vince Li, was found “not criminally responsible,” not only for murdering a completely innocent person— who could easily have been anyone—but for doing it in the most horrendous way possible, is a miscarriage that brings no closure to the true victims and yet again casts a shadow over the kid glove treatment of crime in Canada. By being found “not criminally responsible,” which is synonymous with “not guilty” for his actions and supposed mental state, Li has been absolved of his actions. Yes, he goes to a mental institution. A place where it seems he should’ ve been for years leading up to the killing. Li claims that he has been hearing the voice of God in his head for some time. If supposedly hearing the voice of God is grounds for insanity in secular Canada, then why aren’t church leaders declared schizophrenic? There is no way the state can feasibly determine who is actually hearing the voice of God and who isn’t. So the law must be applied to everyone equally, that means if you kill, you should be punished. Killing with intent while lucid and killing with intent while delusional the way Li did should not be treated differently. What it boils down to is that Li gave an unverifiable but acceptable excuse for murder. The Globe and Mail ran a piece the other day suggesting that the mental health system failed Vince Li. Only in Canada, it seems, could you find the powers that be coddling such a vile murderer, someone who brings a hunting knife aboard a Greyhound bus. Mental illness is now a card to be played in the court room. Pandering to it absolves guilty parties of their moral responsibilities; responsibilities that are not optional, no matter how sick the individual. Time and again we have heard that Li committed the act as part of a psychotic episode brought on by schizophrenia. It is a myth that people with mental disorders are prone to violence. According to Chris Summerville, the Chief Executive Officer of the Schizophrenia Society of Canada, the likelihood of violence by people with mental illness is incredibly low. People Words “Not Criminally Responsible” doesn’t mean “Get Out of Jail Free” By Leeanne Lyons here are many misconceptions about the judgment in the case of Vincent Li and his Not Criminally Responsible on account of Mental Disorder (NCRMD) defence, and I'd like to clear a few things up about Vincent Li and NCRMD. There’s a belief that NCRMD is an easy way to get out of charges because it is easy to prove. This claim is so far from the truth, I cannot even fathom why or how it came to be believed initially. The reality is that the NCRMD defence is attempted in less than one per cent of trials, and even when it is used, it is rarely successful. For a defence of NCRMD to work, the onus of proof is on the party that raises the issue. In the case of Vincent Li, the onus of proof would have been on his lawyer. In having Vincent Li prove that he was NCRMD as opposed to the prosecution, it automatically gave Li’s defence an air of credibility. Now, many people would assume that this burden of proof is easy; all that Li’s lawyer would have to do is provide the courts with a professional such as a psychiatrist, to give the judge their opinion. Wrong. It is not enough to say that Li was hearing voices; the NCRMD defence is not simply claiming that the defendant is ill. The defence is claiming that Vincent Li was not only ill, but as a consequence, his illness prevented him from either knowing the nature or quality of his actions or that he didn’t know his actions were wrong. The NCRMD defence is not an easy defence, and is only afforded to the most mentally disordered individuals. For example, in Canada you can’t just smuggle drugs across the border, and when questioned about it, claim to police that you believe your soul has already astro- travelled to the United States. It’s been tried unsuccessfully already - just read the Abbey case if you don’t believe me. In any first world country, the label of “murderer” should only be reserved for people who have fulfilled the requirements of killing someone, while at the same time understanding what they are doing, and Vincent Li clearly did not understand the nature of his actions. For murder to be murder, it must be a choice, and Li did not have the mental capacity to really make a choice. You would not call a child a murderer, because they do not have the mental capacity. The same is true of Li, not because he is a child, but because his reality is so deluded that we cannot claim he fully understood his own actions. Being declared NCRMD doesn’t give Li an easy ride through prison. For starters, NCR persons that have been charged with murder are not afforded any sort of fixed sentence, whereas their imprisoned counterparts are. If history tells us anything, NCR people like Vincent Li are detained indefinitely. Secure institutions in reality are living with mental illness are more likely the victims of violence than perpetrators. What does this mean for Li? His actions are the exception to schizophrenia, not the rule. The verdict in the court room means that Li will not be punished. Instead, he will held “indefinitely,” possibly lounging around in a housecoat all day, playing board games and getting hugs. The impact on the victims was never considered at all. In his speedy trial, no one testified on behalf of the Tim McLean’s family, and we now have them justifiably upset that Li is getting away with murder. They now feel compelled to attend his yearly assessments in order to make sure he’ll never be released. It’s tragic and angering to know that this family will have to relive the events every year for the rest of Li’s pathetic life. Will Li get out? Probably not, but maybe. Li’s psychiatrist Dr. Stanley Yaren has said there is a possibility that one day Li may be “cured.” Whether or not this ever happens, he has trampled all over his own right to be included in civilized society. Without closure McLean and family are now victims of both Li and the Canadian legal system. I can only hope that one day they find the peace they deserve. not places of coddling and relaxation like you might think. Within institutions like the one Li will be sent to, the mentally ill are afforded less personal autonomy and respect than they would be if they were in prison. Only for a person like Vincent Li would a secure institution be in his best interests, as well as the public’s. Secure institutions are equipped with the means to deal with someone like Li, and can better guarantee a sort of rehabilitation. No doubt it would be nice to simply ignore Vincent Li’s rights, just as much as it would be nice to believe that he was entirely in control of his actions. He wasn’t, and the state needs to recognize this. Many would think it nice to imprison those caught red-handed indefinitely, without a fair trial. This position is extremely dangerous. What if that person had killed, yet at the same time any reasonable person would have killed under the same circumstances, be it for self defence or because they truly believe they are hearing the voice of God? While I understand why some people are upset that Li was determined Not Criminally Responsible on account of Mental Disorder, to destroy this defence would be to destroy an inalienable right; not to freedom, but the right to fight for it on even ground.