[Dion]

So how do we, as individuals and a community, mediate this turbulent conflict? In 25 plus years as a criminal lawyer I have both prosecuted and defended countless mental disorder cases, and was immersed in the complex intersection of criminal justice and mental health. That experience teaches four lessons.

First we must respect the validity of conflict between reason and emotion. Productive discourse never flows from denigrating understandable emotional reactions we may not share. Nor does productive discourse ever flow from dismissing rational conclusions we dislike for non-rational reasons.

Second, we must not assume the board’s order reveals a broken system. That order can be reviewed by the courts. Every system of adjudication is vulnerable to human error, which is why appeals are always built in, up to the Supreme Court of Canada if necessary. Such appeals occasion sober second thought. And when appeal options exist, but after due reflection are not exercised, that too can speak powerfully to the wisdom of the order made. We must allow these built-in safeguards for sober second thought to unfold before leaping to any conclusions about a flawed system.

Third, we must recognize there are two highly emotional tragedies unfolding in such cases, not just one. Often overlooked is the tragedy of the accused person’s life. A mental disorder neither asked for nor deserved has inflicted upon the accused person severe and long lasting legal consequences. Those consequences are no less severe for being necessary to protect the public. Thus the emotional landscape is itself complicated and contradictory.

Fourth and most importantly, during such turbulent conflicts between emotion and reason we look to the bigger picture. Cases like Mr. Li’s demand criminal justice dispensed for the broadest and highest public good, which includes clear-eyed consideration of mental health dynamics where they are present. This bigger picture teaches us that criminal justice outcomes driven by visceral reactions of the moment rarely withstand scrutiny. Our best criminal law responses to human tragedies must be thoughtful and rational first, and tempered by compassion second.

http://www.theglobeandmail.com/globe...ticle17266850/