Tim’s Law - Tim’s Law

By: Tim's Law  09-12-2011
Keywords: Law, Defence Lawyer, Defence Lawyers

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PETITION TO THE HOUSE OF COMMONS

WHEREAS : Vincent Li brutally murdered Tim McLean in July 2008;

WHEREAS : Vincent Li was found Not Criminally Responsible on Account of a Mental Disorder for the murder of Tim McLean;

WHEREAS : offenders who are found Not Criminally Responsible on Account of a Mental Disorder may be detained in treatment facilities and not prisons;

WHEREAS : offenders found guilty of first degree murder are sentenced to life in prison without parole for twenty-five years and those found guilty of second degree murder are sentenced to life without parole for a minimum of ten years;

WHEREAS : there is no minimum period of detention for offenders found Not Criminally Responsible on Account of a Mental Disorder and their cases may be reviewed every year by a Review Board Committee.

We, the undersigned, citizens of Canada call upon the House of Commons

To amend the Criminal Code of Canada to ensure those who commit murder but are found Not Criminally Responsible on Account of a Mental Disorder are detained for a minimum period of time.

Include you name, province, and postal code where you reside as a comment.

An alternate petition can be found at

Many paper petitions are being circulated in various locations and shopping malls around Canada

Thank you for showing your support for Tim’s Law

Who is Dr Stanley Yaren? I need to state first and foremost that the views expressed in this post may not be shared by others. I am of the opinion that the crown prosecutor never fulfilled their legal duty to the people they represent. I am also of the opinion that the taxpayers were double billed for this trial. The taxpayers should not be burdened with a requirement to pay for the defence lawyers nor was there any need for a witnesses for the defence. This was a waste of taxpayer’s money … Defence lawyer 101 … if the prosecution has not proven their case… you make a motion to quash the charge. If they have proven your case… sit back and smile.

Dr Stanley Yaren was called by the crown as their star witness…. actually, their only witness.

Dr. Stanley Yaren described Li as a “decent person” who was clearly out of his mind when he believed he was acting on God’s orders to eliminate “the force of evil” and attacked Tim McLean.

Yaren said Li has made significant strides since being hospitalized after his arrest and could one day function again in the community — something Yaren admits doesn’t sit well with most people, including the victim’s family.

“I completely understand the need for a sense of justice, of retribution,” Yaren told Queen’s Bench Justice John Scurfield.

“But (Li) is as much of a victim of this horrible illness … as Mr. McLean is a victim. Don’t hate the person. Hate the illness.”

Yaren tells court he saw Li nineteen times, for a total of 12 hours. Who is Stanley Yaren… Doctor Stanley Yaren is Manitoba’s chief forensic psychiatrist… He has testified at other hearings… Although I have marked in bold some statements, you can formulate your own opinion!

R. v. Lowes:  Between Her Majesty the Queen, informant, and Kirk Lowes, accused

[1997] M.J. No. 549 Manitoba Provincial Court

Briefly summarized: The accused has pleaded guilty to an information charging him with the offence of distributing child pornography, contrary to Section 163.1(3)(a) of the Criminal Code. The Crown having proceeded by indictment, the maximum punishment is incarceration for a term not exceeding ten years.

Dr Stanley Yaren report for this case:

The psychiatric report prepared by Dr. Stanley Yaren, Psychiatrist, Health Sciences Centre, PsychHeath Centre, dated April 16, 1997 (contained in Exhibit 51):

“The reason for this assessment was explained to Mr. Lowes. He understood that our conversation was not confidential as I would be preparing this report for your use. He was completely cooperative, open and spontaneous throughout the assessment procedure. Mr. Lowes is facing charges in connection with distributing child pornography over the Internet. Mr. Lowes readily acknowledges and admits to the actions which led to the charges against him. He also acknowledges the wrongfulness and immorality of his behaviour. Based upon this assessment it is my opinion that Mr. Lowes’ involvement in the offending behaviour was not intentionally malicious was not done either for personal sexual gratification or for financial gain. Mr. Lowes first developed an interest in the Internet in December of 1996 at which time his home computer became connected to the Internet through a commercial Internet service provider. Mr. Lowes’ interest rapidly progressed to a fascination and then later an obsession. He started spending all of his spare time in front of the computer attempting to master the technology of the Internet. This type of experience was not new for Mr. Lowes or for his wife, as it was his usual practice when he was becoming involved in and learning about something new to totally immerse himself in it. Mr. Lowes eventually mastered the techniques of searching the Internet and discovered News Groups where he was able to access sexually explicit material of all kinds. He admits that initially he was somewhat titillated by the erotic material (but not the pedophiliac material). He states that the novelty soon wore off and the content became boring. He then became interested in exploring more deviant material. He derived excitement from the sense that he was exploring and accessing things that are usually forbidden. He viewed this more as a technical challenge than as something he was doing for sexual gratification. As I understand it he explored a number of areas of deviant sexuality not only pedophilia. Eventually Mr. Lowes sought to increase his technical skills and mastery as well as his exploration of the forbidden by getting into the process of exchanging pictures by electronic mail. Apparently Mr. Lowes was unaware of the fact that there are relatively simple techniques which can be used to exchange E-mail without having it traced back to the individual. Mr. Lowes appears to have been experimenting without giving much thought to the implications of his actions. Mr. Lowes states that by the time he was charged with the offences his interest in the Internet had already begun to wane and it had been several weeks since he had accessed or exchanged any of the pornographic material. He states that he was in the process of deleting the material from his computer hard drive as the pictures were using up all of his storage space. Mr. Lowes is 27 years old. He has no past history of mental disorder and no criminal record. He has been married for the past 2 1/2 years to a woman who he has known for the past 14 years. They are expecting their first child later this year. Mr. Lowes has some university education. He is steadily employed on a full-time basis in a semi-skilled job with a cable manufacturing company. Previously he has worked as a salesman. Mr. Lowes is a moderate drinker and he does not use illicit drugs. He is in good physical health . . . . .

Mr. Lowes indicates that he does not experience any deviant sexual arousal. He indicated that he worked in one of the first adult video stores in Winnipeg. Initially he found this job quite sexually exciting but he rapidly discovered that continuous exposure to explicit sexual material was boring, monotonous and he soon lost interest. It is interesting to note that this earlier experience seems to have been repeated in his more recent exposure to explicit material over the Internet. It appears that when he became bored with this material he pursued more deviant and forbidden material as a way of stimulating his interest. Mr. Lowes indicated that he and his wife are quite compatible sexually and that he does not experience any need for involvement in deviant sexual fantasies or practice. There is nothing based upon my examination to indicate that Mr. Lowes suffers from pedophilia or any other paraphilic disorder . . . . . I would not classify Mr. Lowes’ level of involvement in the Internet as a true addiction. I do not consider his interest in child pornography to be a manifestation of a pedophilic disorder. I do not identify any other mental disorder or condition requiring treatment or psychological intervention.”

end of report

Sounds like Kirk Lowes would also be a fine upstanding citizen who according to Mr Stanley Yaren, should be allowed to work at your local daycare. thanks, but no thank… Kirk Lowes can watch your kids!

Li was not convicted of any crime. Based on the testimony of this Dr Stanley Yaren,  the judge was forced to make a judgement based on the evidence presented. Had the judge been presented with evidence allowing him to convict the defendant, there would have been minimum sentencing guidelines that would have been imposed.  But the judge was presented with Stanley Yaren’s professional opinion. Like the opinion I just shared….  This is why we need Tim’s Law.

We are looking for donations to offset the cost of getting the transcript of Dr Stanley Yaren testimony at the Li trial. Information on donating to the Tim’s Law effort can be found under the contact info at the top of the homepage.

It’s pretty obvious we need new laws governing those found not criminally responsible for serious, violent offences, including murder.

The story of Vince Li, who stabbed, beheaded and mutilated carnival worker Tim McLean last year just outside of Portage la Prairie, is a perfect example.

I know all the do-gooders and the highbrow crowd think putting a guy like Li away for the rest of his life is inhumane and uncivilized.

They trot out all the psychiatric statistics and justifications for why we shouldn’t keep severely psychotic people like Li in secure custody forever.

NOT REALLY CRIMINALS

They’re not really criminals. They didn’t really commit the offence, the illness did. And they should be given a chance to reintegrate. Yeah, we get it.

But for those of us who place greater weight on public safety, we say keeping Li off the streets forever is just common sense.

I keep hearing this argument that most people deemed not criminally responsible after killing someone don’t kill again after they’re released into the community.

Therefore, they don’t need to be locked up forever, the argument goes.

Well, the same could be applied to people who are found criminally responsible for homicide. Most of those don’t kill again either, most studies show. But we still hand out life sentences for first and second-degree murder.

CIVILIZED

I don’t see why under the Criminal Code we can’t sentence people deemed not criminally responsible for serious, violent offences to life in a secure facility.

Instead of a prison, a court would sentence them to a secure mental-health facility.

It would be humane, civilized and the right setting for people with severe mental health illnesses.

The reality is, there are all kinds of complicated reasons why people commit offences. Some people are controlled by their addictions, serious psychological afflictions from years of abuse and neglect, fetal alcohol syndrome, mental health issues not serious enough to warrant institutionalization, you name it.

Are those people responsible for their crimes? Did they know what they were doing? Did they know it was wrong?

Yes, no, maybe.

At some point did Vince Li know what he was doing was wrong when he dismembered Tim McLean? Did he have a lucid moment?

Not even Dr.Stanley Yaren, the forensic psychiatrists who testified at his trial could say for sure.

If we’re going to allow someone like Vince Li back on the street because he has a serious mental disorder, should we let the person with FAS convicted of second- degree murder out, too?

If not, why not? No doubt a bunch of high-priced lawyers and forensic psychiatrists could make a case for why the FAS offender shouldn’t be held responsible for his actions because he didn’t know what he was doing was wrong.

After all, it wasn’t his fault his mother drank during pregnancy.

No, we shouldn’t let the FAS killer out. We shouldn’t let the crack-addicted killer out. And we shouldn’t let Vince Li out.

All for the same reason: public safety. Put them in the right institution. Treat them humanely. Give them the treatment they require. Whatever.

But for goodness sake, don’t let them back on the street.

For excerpts of the agreed statement of facts in the Vince Li case, visit Brodbeck’s blog Raise a Little Hell at winnipegsun.com.
News Columnists / Tom Brodbeck

Results
Disbelief 31%
Sympathy for the victim’s family 28%
Sympathy for the killer 23%
No reaction 19%

Keywords: Defence Lawyer, Defence Lawyers, Law, Mental Disorder

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09-12-2011

Resources - Tim’s Law - resources

Martin Rondeau, 33, was found not guilty by reason of a mental disorder after killing 80-year-old Estelle Lauzon, a member of the Catholic order of the Sisters of Providence, while he was having an epileptic seizure. This documentary features a son accused of murdering his sister and parents who must face the most awful decision any parent could have to make: whether to break with their son or accept him back into the family.


09-12-2011

Resources - Tim’s Law

To describe the characteristics of individuals found not criminally responsible on account of mental disorder after the 1992 Criminal Code amendments and to track their movement through the forensic system, as well as to unveil the changes to British Columbia’s forensic psychiatric system that resulted from Bill C-30.


09-12-2011

Uncategorized - Tim’s Law

Psychiatrist Stanley Yaren told Li’s second-degree murder trial the admitted killer has a very strong chance to recover from the major mental illness and extreme psychosis that triggered last summer’s slaying of McLean on board a Greyhound bus.