A federal government law designed to give victims greater say in cases in which a person has been found not criminally responsible, allows victims to learn where the accused in their case resides after the person is discharged.
The British Columbia Review Board is criticizing changes by the federal government that allow the location of a person found to be not criminally responsible due to mental disorder to be shared with the victim, after the victim in one case said he or his friends might seek retribution by physically harming the man.
Eric Nelson was found not criminally responsible on eight counts in B.C. Supreme Court last December. The court ruled Mr. Nelson was in a manic state when he shot the victim – who he did not know – in the face in May, 2013. Mr. Nelson was later diagnosed with bipolar disorder. The victim, whose name has not been disclosed, was shot through the window of his home and underwent several surgeries. He suffers from post-traumatic stress disorder.
A federal government bill designed to give victims greater say in cases in which a person has been found not criminally responsible came into effect last year. Among other things, it allows victims to learn where the accused in their case resides after the person is discharged.
The shooting occurred in the Interior community of Spences Bridge, but both Mr. Nelson and the victim ultimately ended up living 90 minutes away in the city of Kamloops. Once the victim learned that was the case he asked the review board to have Mr. Nelson removed.
The victim went so far as to tell the board in late June that he was facing "peer pressure" to do something to Mr. Nelson, or to have his friends "take him out." The victim told the board he had shared Mr. Nelson's photo with his friends and Mr. Nelson had already come close to "at least one vicious attack."
The board did not order Mr. Nelson's relocation, noting he was undergoing treatment in Kamloops. He's also obtained a job and housing, and been diagnosed as a low risk to reoffend.
In its ruling, the three-person review board criticized the federal legislation, saying "the circumstances of this case raise serious questions."
"The information we heard leaves us concerned about the safety of the accused who is also a member of the public," it wrote in a ruling last month.
Micah Rankin, Mr. Nelson's lawyer, said in an interview Tuesday that the suggestion his client could be physically harmed is a concern. He said Mr. Nelson's treatment plan is working and he would not recognize the victim in the case even if he saw him.
Mr. Rankin said he does not believe sharing information about where an individual such as his client settles serves much purpose.
"My own personal view is really that the focus should be on treatment and protection of the public. To the extent that this doesn't address those kinds of issues, it's not particularly helpful," he said.
A federal Department of Justice spokesperson, in an e-mail, said it would be inappropriate to comment on the review board's decision, or a specific case.
The spokesperson said the legislation "is intended to enhance the safety of victims by ensuring they are notified, upon request, when the accused is discharged and by providing them with information regarding the accused's intended place of residence, specifically their address."
In its ruling, the review board said that, since last year, it has given victims this information when they asked for it. The board said the information is "generally at the level of the proposed community of residence, rather than an exact street address."
Mr. Rankin said he does not believe the victim in Mr. Nelson's case knows exactly where Mr. Nelson resides, though the victim has indicated otherwise. Kamloops has a population of approximately 100,000 people.
Mr. Nelson, who is in his mid-50s, did not have a criminal record prior to May, 2013. The review board said his bipolar disorder is "highly unusual" in that it presents "perhaps every decade or two," as opposed to the statistical average of every 18 months. Mr. Nelson said he believed he has had six manic episodes since he was 15.
The victim said after he learned Mr. Nelson was living in the same community, he suffered stomach pains, loss of appetite, insomnia and intense fear. He said he became bedridden and lost 20 pounds.
The Crown attorney who was at the review-board hearing said Mr. Nelson should be removed from Kamloops, though Mr. Nelson's treatment team argued against it.
The review board chair could not be reached for an interview Tuesday.