Threats to mentally ill attacker raise questions about revised legislation

Recent changes to the law surrounding mentally ill people who have been accused of crimes have had some unintended consequences in B.C. 

The Not Criminally Responsible Reform Act lets victims know where their attackers are living. But threats of violence against a Kamloops, B.C. man who was found not criminally responsible for a violent crime have caused the B.C. Review Board to question that legislation. 

The case pits the rights of the victim of a traumatizing shooting incident against the rights of the man found not criminally responsible for shooting him. Erik Konrad William Nelson was charged with a dozen counts, including attempted murder -- but was found not criminally responsible because of a bipolar disorder which presents with a manic episode every decade or two.

Nelson, who is remorseful and has been deemed a low risk to re-offend, says he wouldn't even recognize the victim -- known as D.E. -- if he ran across him. But D.E., who also lives in Kamloops, 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.- Bernd Walter, B.C. Review Board Chair

Micheal Vonn, a lawyer and the Policy Director of the B.C. Civil Liberties Association, says this case is an example of a well-intentioned initiative that fails to determine what the legislation is meant to achieve.

If we had more expert evidence about... what the intent of the legislation is going to be and what is needed to ensure public safety instead of getting on this bandwagon of 'what are the victims' rights' we would presumably have had a very different discussion.- Micheal Vonn, Policy Director, B.C. Civil Liberties Association

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