Law that gives locations of mentally ill offenders questioned after B.C. man threatened

Threats of violence against a Kamloops, B.C., man found not criminally responsible for a violent crime have led the B.C. Review Board to question Conservative legislation that gave the victim the location of his mentally ill attacker.

Chair Bernd Walter says the board was troubled by the unique case pitting the rights of a deeply traumatized victim known as D.E. against those of Erik Konrad William Nelson, the bipolar man who shot him in May 2013.

Nelson, who is remorseful and has been deemed a low risk to re-offend, says he wouldn't even recognize D.E. if he ran across him.

But D.E. told the board Nelson was "in danger" of a vigilante attack.

"I think it begs some discussion of the wisdom of an amendment that discloses the location of a discharged mental patient," Walter told CBC News.

"That person has been treated. The objective is to reintegrate them as a functioning member of society, and to that extent, they too are a member of the public who deserves to be protected from harms."

The board has jurisdiction to hold hearings in cases where people have been given verdicts of not criminally responsible on account of a mental disorder.

'Loss of appetite, insomnia and intense fear'

According to a recent board decision, Nelson, a 54-year-old framing contractor, showed up at D.E.'s home in the tiny Interior town of Spences Bridge shortly after midnight on May 15, 2013.

It was the day of D.E.'s retirement after 35 years at CN Rail. He was woken by the sound of Nelson firing a shotgun at his Mercedes Benz.

When D.E. went to call police, Nelson fired a barrel full of birdshot into the left side of D.E.'s face; he had aimed at the illuminated dial of the telephone.

Nelson was charged with a dozen counts, including attempted murder. But he was found not criminally responsible because of a bipolar disorder which presents with a manic episode every decade or two.

By the time of his first hearing before the review board, Nelson was on medication and symptom-free; he was conditionally discharged, but ordered to move into a subsidized residential placement in Kamloops where he could be closely supervised.

D.E. was notified of Nelson's location under a provision of Bill C-14, the Not Criminally Responsible Reform Act, which was proclaimed in July 2014.

The changes made headlines for the creation of a "high-risk offender" category for some mentally ill accused, but the new rules also mandate the disclosure of an accused's place of residence at the victim's request.

Ottawa said the bill was designed to "enhance victim safety, and provide victims with a stronger voice."

D.E. told the board that, unbeknownst to them, he had also relocated to Kamloops.

"He said he has been doing well but when he heard that Mr. Nelson was living in the community, he experienced stomach pains, loss of appetite, insomnia and intense fear," the decision says.

"He asked that Mr. Nelson not be allowed to live in Kamloops."

'He's in danger'

The board took the unusual step of holding an early hearing; the only other time they've done so was in 2011, after learning the former spouse of child killer Allan Schoenborn was living in a community to which he might be given escorted access.

Nelson's psychiatrist testified the accused was low-risk, and that Kamloops was the best place for him given the level of supervision needed along with possibilities for housing and employment.

Nelson apologized to D.E.: "I don't know if there's any way in this lifetime that I could ever make it up to you."

D.E. spoke in person, his identity shielded from Nelson. He said he would go to the media if Nelson wasn't relocated.

Then, according to the decision, his testimony took a "troubling turn."

D.E. said he was under peer pressure to confront Nelson "or to have my friends take him out." In fact, he said, Nelson had already "missed at least one vicious attack."

"You know it's nothing I'm planning on happening, and I'm trying to dissuade it, but I know a lot, a lot of people and they don't like this. And I can't control the city. He's in danger," D.E told the board.

"I know what he looks like. I have his picture. And I'm distributing it to my friends too, by the way."

'Concerned about the safety of the accused'

At the conclusion of the hearing, the board didn't specifically order Nelson's relocation, but suggested the director of forensic services consider moving him.

"The information we heard leaves us concerned about the safety of the accused who is also a member of the public," the board wrote.

John Howard Society executive director Catherine Latimer says the decision highlights the challenge of trying to provide justice for victims while respecting the rights of offenders.

She says the problem is particularly acute for the mentally ill.

"It's a really challenging concept for people to understand that it's not a crime if the person is suffering from a mental illness such that they're not capable of appreciating the nature and consequences of their behaviour," she said.

"But people will often see that as a crime that has gone unpunished. And that's risky."

The federal Department of Justice declined comment on this story, except to say "any concerns regarding threats of violence should be directed to local law enforcement."

Read the B.C. Review Board decision.