Quote:
Originally Posted by ken0042
The one thing that was said on QR77 yesterday, the one thing the victim's family wants is that Li to have a criminal record attached to this incident. So basically while he can still plead insanity, that doesn't stop the record from following him.
Let's say he is released as "cured" in 5 years. Would you want a guy like this driving your kids' school bus? As it stands right now he would have no criminal record to follow him around.
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The problem is, no one in Canada is a criminal just because they are mentally unstable.
Yes, the mentally unstable person has committed a criminal act, but they have been found not criminally responsible.... because of the fact that they are mentally unstable!!!
I know, symantics... but that is how it is.
I don't know if a criminal record can be attached to someone like this, but what about some kind of record like for those who have bad credit ratings? I don't know what you would call it or what kind of agency or department would hold the records either or how future employers etc would access it.
I think what the public wants are assurances... not just with mentally unstable people released from facilities but also with criminals who have been released from jail. Now, there are no assurances that will be 100% foolproof but at least the criminal released from jail has a record you can access.
So, any suggestions as to what you can attach to someone who is mentally unstable.
The two cases really are quite different.
By the way, you can get a pardon in Canada for just about any crime you have committed and been found guilty of. Yes, even murderers can apply for a pardon... doubtful they will get one but they can apply.
Many have received pardons and their records have been sealed, meaning only the appropriate government body can access it. So even a prior criminal conviction can be unknown to the general public. Like I said, there are no fool proof assurances to the general public.