In a brief Facebook post she said she had no comment on the decision. The mother of Tim McLean, Carol de Delley, had argued against Baker’s release. Baker and his reintegration into society and his other needs,” the Board wrote in its decision. “The Review Board has taken into account the safety of the public, which is the paramount consideration, the present mental condition of Mr. Manitoba's Criminal Code Review Board said Friday that Baker was no longer a “significant threat” to public safety. Will Baker, formerly known as Vince Li, killed 22-year-old Tim McLean on a Greyhound bus in Manitoba on July 30, 2008.īaker, who has been diagnosed with schizophrenia, was declared not criminally responsible because of his disorder. Notable cases involving 'not criminally responsible' defence. ![]() It says the company "took such care as, in all circumstances of the case, was reasonable to see that its passengers were reasonably safe" and it "complied with all applicable security regulations and laws.The man who killed and beheaded a fellow bus passenger has been granted an absolute discharge, eight years after he was found not criminally responsible for the murder. Greyhound has filed a similar statement of defence in all three lawsuits. "The defendant Greyhound knew or ought to have known that it was necessary to implement systems in their bus operations to provide for passenger security and safety." to ensure that he was travelling in a safe, secure environment free from harm, bodily injury or death and, specifically, free from the presence and threat of weapons or sharp instruments capable of inflicting bodily injury or death," says the amended statement of claim in the McLean family lawsuit. "The defendant Greyhound owed a duty of care to the deceased Tim McLean Jr. All statements of claim allege Greyhound failed to ensure the safety and security of passengers, knowing they could be "at risk and in imminent danger at any given moment," and didn't provide adequate training to its employees. Their Ontario-based lawyer, Bill Elkin, didn't return repeated phone calls or emails requesting comment.Īll the lawsuits still allege Greyhound and Li are responsible for damages. and thus adding to the ongoing horror and emotional distress of the plaintiff." Li from the bus in a timely manner, thereby allowing him to decapitate the deceased and mutilate and defile the body. Their virtually identical statements of claim still allege that Canada "failed to take any measures, through its servants the RCMP, to remove the defendant Mr. The passenger lawsuits allege Tucker and Shaw can't sleep or work and suffer from anxiety and depression after witnessing the attack on McLean. "Even if you could make an argument that they actually should have been able to foresee this kind of thing, there is a very good chance that a court would say it's not really our job. ![]() Imagine the slippery slope where all the residents of Lac-Megantic – where an oil train derailed and exploded into flames killing 47 people – could sue the federal government for failing to properly regulate railways, Reaume said. Judges are also wary of punishing a government for failing to pass the right laws, she added. Suing the federal government or the RCMP in a case like this is particularly difficult, Reaume said, because the plaintiff would have to prove the defendants knew they were being negligent and could have foreseen such a gruesome act would occur as a result. "The defendant Canada knew or ought to have known that the industry on its own, specifically the defendant Greyhound, had not taken measures to create a safe, secure system for inter-city bus travel." "It knew or ought to have known that the deceased, Tim McLean Jr., was at risk or harm from attack at any time and that irreparable harm did in fact occur," said the lawsuit. It also argued that the government knew or should have known about previous violence on board Greyhound buses and failed to put safeguards in place. The original statement of claim filed by McLean's father alleged the government of Canada was liable because it is responsible for national transportation security. Li eventually escaped through a window and was arrested. Passengers fled the bus and stood outside. The bus pulled over near Portage la Prairie, Man., and Li continued stabbing and mutilating McLean's body. Li said he heard the voice of God telling him to kill the young carnival worker or "die immediately." Li repeatedly stabbed McLean who unsuccessfully fought for his life.
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