WINNIPEG — The mother of a man beheaded by a fellow bus passenger in Manitoba says her son's killer is seeking an absolute discharge nine years after he was found not criminally responsible.
Carol de Delley says she has been told by justice officials that Vince Li — who now goes by the name Will Baker — will ask the Criminal Code Review Board for a discharge at a hearing Feb. 6.
In a social media post, de Delley says that means no conviction will be registered and he won't be required to follow any conditions.
Baker killed Tim McLean during a bus trip along the Trans-Canada Highway near Portage la Prairie in July 2008.
He was found to be not criminally responsible due to a mental illness — schizophrenia.
At his last review board hearing, Baker was granted the right to live on his own but would be subject to monitoring and random drug tests.
Baker was originally kept in a secure wing at the Selkirk Mental Health Centre, but the board has granted him increasing freedoms almost every year.
His medical team has said he has been a model patient and understands the need to continue to take anti-psychotic medication.
De Delley says a discharge is "the lowest level adult sentence that an offender can get."
"If an offender gets an absolute discharge ... the offender is finished with their case that day," she wrote. "Go ahead, talk amongst yourselves."
The Supreme Court of Canada ruled in 1999 that a review board must order an absolute discharge if the accused doesn't pose a significant threat to public safety. The ruling added there must be clear evidence of a significant risk to the public for the review board to continue imposing conditions on the accused after the person is found not criminally responsible.
Baker sat next to the 22-year-old McLean on the bus after the young man smiled at him and asked how he was doing. Baker said he heard the voice of God telling him to kill the young carnival worker or "die immediately."
Baker repeatedly stabbed McLean while the young man fought for his life. As passengers fled the bus, Baker continued stabbing and mutilating the body before he was arrested.
