A man from Winnipeg, who was found not criminally responsible for the killing of his parents and an attack on his former nursing supervisor during a psychotic episode, has had his high-risk label removed. This marks the first instance in Manitoba where such a motion has been considered by a court.
Following the removal of the high-risk designation, the responsibility of deciding whether Trevor Farley should be granted a conditional or absolute discharge now rests with a provincial review board, which is the customary procedure for individuals found not criminally responsible.
In 2023, Farley was deemed not criminally responsible due to a mental disorder for the stabbing deaths of his 73-year-old parents and the assault on his former supervisor at Seven Oaks General Hospital on October 27, 2021. He had been identified as a high-risk accused, a unique status previously unused in Manitoba, imposing additional restrictions that required approval from a superior court judge for discharge.
Justice Kenneth Champagne of the Court of King’s Bench in Winnipeg stated, “The evidence indicates that there is no longer a substantial likelihood of Farley posing a violent threat to others.” Despite the removal of the high-risk accused label, the judge emphasized that Farley still poses a significant risk to public safety.
Farley has been ordered to remain detained in a hospital under conditions determined by the review board, with his current location being the Selkirk Mental Health Centre. At the time of the attacks, Farley, who had worked as a nurse, was experiencing religious delusions. Since then, he has shown commitment to understanding his bipolar disorder and medication regimen, demonstrating exemplary compliance with hospital treatment.
His lawyer, Carley Mahoney, mentioned that the change allows Farley to request increased privileges, such as unsupervised passes on hospital grounds or a transfer from his highly restrictive unit. However, Mahoney acknowledged that Farley still has a long journey ahead before any potential discharges, emphasizing the incremental progress required for individuals found not criminally responsible.
Jackie Motoch, the daughter of Candyce Szkwarek, Farley’s former supervisor, expressed disappointment with the outcome, as her mother continues to suffer from the physical and mental aftermath of the attacks. Motoch highlighted the ongoing fear and trauma experienced by her mother, underscoring the impact of the incident on their family.
Anita Szigeti, a legal professional specializing in mental health issues, lauded the court’s decision to revoke Farley’s high-risk accused label, noting that similar attempts have faced challenges in other jurisdictions. She emphasized the importance of recognizing improvements in individuals’ conditions and reducing risk levels to justify lifting such designations.
The court mentioned the possibility of reinstating the high-risk label for Farley in the future if his treatment effectiveness diminishes, or if he refuses treatment or exhibits aggressive behavior. Farley is scheduled to undergo a review by the board within 45 days to determine the next steps, with subsequent annual evaluations planned.
Overall, the removal of Farley’s high-risk accused label signifies a positive development in his case, indicating a recognition of progress and potential for rehabilitation in the future.