Court Disposition: Stephan Gaetan Lee

Crooked in Canada

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Court Disposition: Stephan Gaetan Lee

December 2nd, 20082 Comments

I recently received documentation in regards to Stephan Gaetan Lee’s “get out of jail free” card. Thought Crooked in Canada readers would be interested in reading it.

Show your support for the Tavares’s family. Help make those with mental illness more accountable for their actions, as should have been the case with Stephan Gaetan Lee when he stabbed a sleeping man 28 times after pretending to be him to gain entry into the victim’s hotel room.

IN THE MATTER OF PART XX.1
CRIMINAL CODE of CANADA

AND IN THE MATTER OF STEPHAN GAETAN LEE

D I S P O S I T I O N
__________________

WHEREAS STEPHAN GAETAN LEE has been charged that:

“That he on or about the 7th day of November, 2004, at or near, Kananaskis, Alberta, did unlawfully cause the death of Steven Tavares, thereby committing first degree murder, contrary to Section 235(1) of the Criminal Code of Canada.”

AND WHEREAS on the 2nd day of December, A.D., 2005, in Court of Queen’s Bench at Calgary, Alberta, The Honourable Mr. Justice P.W. Martin found STEPHAN GAETAN LEE not criminally responsible on account of mental disorder and directed that STEPHAN GAETAN LEE be held in custody at Alberta Hospital Edmonton and that the Review Board hold a disposition hearing within 45 days of the 2nd day of December, A.D., 2005.

AND WHEREAS on the 7th day of December, A.D., 2005 at Alberta Hospital Edmonton, the Alberta Review Board held a disposition hearing with respect to STEPHAN GAETAN LEE pursuant to Section 672.47(1) and made a disposition.

AND WHEREAS the last review of the disposition order with respect to STEPHAN GAETAN LEE was held on the 26th day of June, A.D., 2007, at Alberta Hospital Edmonton.

AND WHEREAS on the 27th day of May, A.D., 2008, at Alberta Hospital Edmonton, the Alberta Review Board held a hearing pursuant to Section 672.81(1) with respect to STEPHAN GAETAN LEE and reviewed the disposition dated the 26th day of June, A.D., 2007, and designated the Attorney General for the Province of Alberta as a party pursuant to Section 672.5(3).

AND WHEREAS the Alberta Review Board is of the opinion that STEPHAN GAETAN LEE is a significant threat to the safety of the public.

- 2 -
STEPHAN GAETAN LEE
D I S P O S I T I O N:

IT IS HEREBY ORDERED AND DIRECTED:
That STEPHAN GAETAN LEE be detained in custody at the Alberta Hospital Edmonton pursuant to Section 672.54(c) subject to the following:
He is prohibited from owning or using weapons.
He is to keep the peace and be of good behaviour.
He is to abstain from the use of alcohol and non-prescribed drugs.
He is to maintain good mental health.
He is to attend before the Alberta Review Board when notified to do so.
The conditions of his detention shall be that in the discretion of the Treatment Team and having regard to mental wellness from time to time;

He be permitted unsupervised ground privileges.
He be permitted unsupervised passes to the City of Edmonton and area.
He be permitted to go on staff supervised camping trips and other recreational outings in the Province of Alberta.
He be permitted passes of up to four days and three nights in the City of Edmonton and area and/or the City of Calgary and area.
He be permitted to reside in approved accommodation in the City of Edmonton and area.
He is to attend Forensic Assessment and Community Services, Edmonton, weekly or more often if directed to do so, unless on an approved vacation of ten days.
He be permitted to attend a residential substance abuse program in the Province of Alberta.
Pursuant to Section 672.56(1) the Board delegates to the Director, Forensic Services, Alberta Hospital Edmonton authority to direct that the restrictions on the liberty of STEPHAN GAETAN LEE may be decreased within the following limits:

He be permitted to travel in Canada for up to ten days.
This disposition comes into force on the 27th day of May 2008, and remains in force until the 26th day of May 2009 or earlier review and further disposition by the Alberta Review Board.
ALBERTA REVIEW BOARD
per
_________________________
CHAIRMAN

TO:    The Medical Director, Alberta Hospital Edmonton
TO:    Clinical Director, Forensic Services, Alberta Hospital Edmonton
TO:    Dr. Peter Rodd, Alberta Hospital Edmonton
TO:    Mr. Stephan Gaetan Lee
TO:    Mrs. Mona Duckett
TO:    The Attorney General for the Province of Alberta

FORM 49
CRIMINAL CODE OF CANADA
SECTION 672.57

WARRANT OF COMMITTAL

To the Peace Officers in the Province of Alberta and to the Medical Director, at Alberta Hospital Edmonton.

This warrant is issued for the committal of STEPHAN GAETAN LEE.

AND WHEREAS STEPHAN GAETAN LEE was charged that:

“That he on or about the 7th day of November, 2004, at or near, Kananaskis, Alberta, did unlawfully cause the death of Steven Tavares, thereby committing first degree murder, contrary to Section 235(1) of the Criminal Code of Canada.”

AND WHEREAS STEPHAN GAETAN LEE appeared before The Honourable Mr. Justice P.W. Martin at Calgary, Alberta, and was found not criminally responsible on account of mental disorder.

This is therefore, to command you, in Her Majesty’s name, to take STEPHAN GAETAN LEE in custody and convey him safely to Alberta Hospital Edmonton and there deliver him to the Medical Director with the following precept:

I do therefore command you the said Medical Director to receive STEPHAN GAETAN LEE in your custody at Alberta Hospital Edmonton and keep STEPHAN GAETAN LEE safely there until he is delivered by due course of law.

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STEPHAN GAETAN LEE

The following are the conditions which STEPHAN GAETAN LEE shall by subject while in your hospital:
He is prohibited from owning or using weapons.
He is to keep the peace and be of good behaviour.
He is to abstain from the use of alcohol and non-prescribed drugs.
He is to maintain good mental health.
He is to attend before the Alberta Review Board when notified to do so.
The conditions of his detention shall be that in the discretion of the Treatment Team and having regard to mental wellness from time to time;

He be permitted unsupervised ground privileges.
He be permitted unsupervised passes to the City of Edmonton and area.
He be permitted to go on staff supervised camping trips and other recreational outings in the Province of Alberta.
He be permitted passes of up to four days and three nights in the City of Edmonton and area and/or the City of Calgary and area.
He be permitted to reside in approved accommodation in the City of Edmonton and area.
He is to attend Forensic Assessment and Community Services, Edmonton, weekly or more often if directed to do so, unless on an approved vacation of ten days.
He be permitted to attend a residential substance abuse program in the Province of Alberta.
Pursuant to Section 672.56(1) the Board delegates to the Director, Forensic Services, Alberta Hospital Edmonton authority to direct that the restrictions on the liberty of STEPHAN GAETAN LEE may be decreased within the following limits:

He be permitted to travel in Canada for up to ten days.

DATED the 27th day                     ALBERTA REVIEW BOARD
of May, A.D., 2008.                    per

_________________________
CHAIRMAN

TO:    The Medical Director, Alberta Hospital Edmonton
TO:    Clinical Director, Forensic Services, Alberta Hospital Edmonton
TO:    Dr. Peter Rodd, Alberta Hospital Edmonton
TO:    Mr. Stephan Gaetan Lee
TO:    Mrs. Mona Duckett
TO:    The Attorney General for the Province of Alberta

Previously published in Crooked in Canada:

Stephan Gaetan Lee: A Cold-Blood Killer Walking Among Calgarians
Justice Peter Martin failed Steven Tavares
Killer on the Street: Email From Steven Tavares’s Mother
Players in Tavares Case Should Be Held Accountable

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2 responses so far ↓

  • 1 cj // Dec 12, 2008 at 8:21 AM

    Yes, what this tells me is there is no place to send these mental patients after discharge.We need yell loud for more financial support from the provincial government to house these mental patients after they get cut loose from the hospital. Yeah, a place where they can be supervised and watched, kind of like a one of those half way houses that the prison system has. Or else, more money for more beds in those mental places so they don’t have to leave so soon.

    Bring back the mental system before deinstitutionalisation.

    CJ

    Yeah, a place where they can be supervised and watched, kind of like a one of those half way houses that the prison system has.

    I used to work for the Alberta Seventh Step Society. Halfway house as a counselor to the parolees, and a program facilitator for a program they were obligated to take upon their release “Taking Responsibility”.

    Trust me mate, while halfway houses for mental out-patients is a good idea, they are still allowed into the community unsupervised, and other then a few house rules and their conditions of release, there is nothing to prevent them from committing crime. Halfway houses are poorly monitored by the National Parole Board and Corrections Canada, imagine how well they would be monitored by overworked and underpaid frontline mental health workers.

  • 2 cj // Dec 13, 2008 at 1:40 PM

    Regarding murders: Are you suggesting that those who have served time in a Federal Pen can earn freedom but stable mental patients should be punished and locked up forever?

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