The mother of a young man beheaded and cannibalized by a fellow bus passenger will find out in the next few days whether her sonâs killer will be granted full freedom.
Will Baker, formerly known as Vince Li, is asking the Criminal Code Review Board for an absolute discharge, nearly eight years after he was found not criminally responsible for the gruesome 2008 murder of Tim McLean, 22, on a Greyhound bus in Manitoba.
âItâs deeply concerning to me because I believe that Vince Li, or Will Baker, is going to remain a threat to public safety,â McLeanâs mother Carol de Delley told ŰÎŰ´ŤĂ˝ Channel on Monday.
If Baker is granted an absolute discharge, there will be no conditions placed on his freedom and no legal mechanism that would require him to treat his illness.
âI think itâs just a disaster waiting to happen.â De Delley said.
De Delley later told the review board that she believes Baker should never be âcompletely free.â
âIf I had my way, he would remain in a facility,â she said. The review board is expected to release a written decision in the coming days.
Crown Attorney Mary Goska sided with de Delley, arguing to the board that an absolute discharge would pose too great of a risk to the public. âItâs clear that he can be dangerous in certain circumstances,â she said.
Baker, who was diagnosed with schizophrenia, was initially kept in a secure psychiatric facility in Selkirk, Man., but has gradually been granted more freedoms over the years.
He started living on his own last year, although a pharmacy employee continues to ensure that he takes his medications nightly, the review panel heard Monday.
Dr. Jeffrey Waldman, who has treated Baker, testified that although it took over a year for his âsymptoms to be resolved completelyâ Baker is now a âlow risk."
Dr. Waldman said that Baker understands his medication keeps his illness under control, although he admitted Baker could relapse if he is off medication for a prolonged period of time.
He recommended that Baker never stop seeing a psychiatrist.
Baker plans to stay in Winnipeg for two to three years and wants visit his native China, according to Dr. Waldman.
Chris Summerville, executive director of the Manitoba Schizophrenia Society, knows Baker. He said he has âcomplete confidence the individual will continue doing that which is in the best interest of not only his health but the safety of the public.â
In 1999, the Supreme Court of Canada ruled that people whoâve been found not criminally responsible for their crimes must be given an absolute discharge if they donât pose a significant threat to public safety.
Toronto criminal lawyer Christopher Hicks told ŰÎŰ´ŤĂ˝ Channel that due to Bakerâs âmajor mental illness,â he does not expect an absolute discharge. He thinks the review board will likely grant Baker more freedoms, but keep some conditions in place âto govern his behaviour and support him in the community.â
De Delley told ŰÎŰ´ŤĂ˝ Channel that her focus is not punishing Baker for her sonâs death, but ensuring public safety and pushing for better mental health care services.
âI donât think punishment is the answer,â she said, adding that she is just âtrying to take careâ of her family and community by speaking out against Bakerâs full release.
McLean was sitting next to Baker during the bus trip along the Trans-Canada Highway in July 2008 when Baker started stabbing him. Baker has said that he heard the voice of God telling him to kill McLean or "die immediately."
With files from The Canadian Press and CTV's Jill Macyshon in Winnipeg
