Andre Denny denied conditional discharge from forensic hospital

The man who killed Halifax activist Raymond Taavel in 2012 has been denied a conditional discharge that would have allowed him to live in the community full time under certain rules.

Andre Noel Denny, who has been diagnosed with schizophrenia, has been under the care of the East Coast Forensic Hospital in Dartmouth, N.S., since he was declared not criminally responsible for attacking a woman the year before Taavel's death.

On Monday, Denny's team of doctors, nurses and psychiatrists asked the province's Criminal Code Review Board for permission to grant Denny a conditional discharge, noting he consistently takes his medication on time, has remained sober, and has not had any recent acts of aggression or violence. 

Review board chair Suzanne Hood said while Denny should be congratulated on his progress, there have been some "blips."

"There's still some holes to fill in satisfying us that the conditional discharge is appropriate," Hood said during the review hearing, which was held via video conference. 

Denny, who has also been diagnosed with anti-social behaviour and substance abuse disorder, failed to return to the East Coast Forensic Hospital after being given a one-hour pass in April 2012. He killed Taavel, a prominent LGBTQ activist, outside a Halifax bar.

Denny pleaded guilty to manslaughter and received an eight-year sentence, which has since expired.

6-night passes already allowed

Darren Lewis, Taavel's partner, did not attend the board hearing Monday. However, he said that in denying the request for a conditional discharge, the board is "doing their job, that is putting the safety of the public first."

In its report, Denny's medical team went over his progress in recent years, noting he has done well under current privileges that allow him to take six-night passes outside the hospital, including regularly checking in with hospital staff via video.

Two years ago, Denny's privileges were expanded to include overnight stays in transitional bungalows on hospital property while unsupervised.

Prosecutors challenged those privileges last October in the Nova Scotia Court of Appeal. They said the review board's decision was wrong and failed to take into account the risk Denny poses to the community should he fail to abide by release conditions. The appeal was dismissed the following month.

The medical team said Denny was stressed and upset during the first wave of COVID-19 in Nova Scotia when community passes for all patients were put on hold, but noted he sought out staff support.

Since the summer, Denny has been travelling regularly to his home in Membertou, near Sydney, where he lives with his father. He is working to get his driver's licence so he can get a delivery job in Cape Breton and dreams of driving a snowplow, the team said.

Board hears of recent incidents

Given the recent COVID-19 restrictions discouraging travel in and out of the Halifax area, the hospital team has allowed Denny to temporarily remain in Cape Breton and complete virtual check-ins every six days. He must return to the hospital in Dartmouth once those restrictions are lifted. 

While in Cape Breton, Denny told the team about two instances where he'd been with friends who were drinking, including one incident where he drove intoxicated people home despite not having a valid licence.

There was also one night when Denny was left alone without his father, which is against the team's current instructions. Denny's doctors said he and his father understand the severity of their actions.

The team also said it recently discovered that Denny's father keeps multiple guns for hunting and recreation in his Membertou home and another residence in Malagawatch.

Though the firearms are locked up, one board member said he considered it a breach of Denny's lifetime firearms ban. Denny's lawyer, Kelly Ryan, disputed that, saying her client would need to have "care and control" of a gun in order for the ban to be breached.

Crown attorney Rick Hartlen asked that Denny's father secure the guns somewhere outside the household completely.

"It is very clear that the directions of the hospital and the board should be followed to the letter," he said. "It is a quick and slippery slope ... when those recommendations, those directions, that supervisory component is not followed and can have disastrous consequences."

Crown opposed to discharge

Hartlen said the Crown was also opposed to a conditional discharge.

Denny's team said it would like the ability to give Denny a conditional discharge within the next year if everything continues to go well.

Before the board could consider granting a discharge, Hood said it would need to see another report from the team outlining the role of the Cape Breton Regional Hospital in Denny's ongoing care in Sydney, the conditions he'd be expected to abide by, and how much of a supervisory role would be expected of his father.

Denny also has a new girlfriend and Hood said the board would need more information about whether she uses drugs or alcohol, and the impact of that on Denny.