Banished B.C. man can stay in hometown: judge
CBC News
Posted: Jan 13, 2011 12:29 PM PT
Last Updated: Jan 13, 2011 9:16 PM PT
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A mentally ill man from Nelson, B.C., will not have to leave the community, as originally ordered by a B.C. court.
At a B.C. provincial court hearing Thursday morning, Judge Ronald Fabbro scrapped the order just hours before Mikael Arrak, 26, would have been required to leave the city.
On Monday, Arrak was ordered to board a Greyhound bus by noon on Thursday and instructed not to return to Nelson until his probation period ends in about 18 months.
The order came after Arrak, who has been diagnosed with schizophrenia and bipolar disorder, was found guilty of criminal harassment for speaking to the mother of his ex-girlfriend. He had been previously ordered not to have any contact with his former girlfriend or her family.
At Thursday's hearing, Crown lawyer Lynn Moffat said at the time of the order, the court was under the impression Arrak lived in Vancouver and wanted to get out of Nelson.
She said the court now knows that order is not appropriate.
Courts ill-equipped
A mental health worker and probation officer also spoke to the court, suggesting Arrak could stay at Stepping Stones for Success, an emergency homeless shelter in downtown Nelson, under strict conditions.
Mikael Arrak, 26, will be allowed to stay in Nelson, B.C., a judge ruled on Thursday. (CBC)Arrak also spoke to the court, but Fabbro had to interrupt him several times. When asked where he wanted to go, Arrak said the safest place for him is the Estonian Embassy.
In reversing the order, Fabbro said he wished there was more he could do for Arrak. He said the courts are ill-equipped to deal with mental health issues, though they face them on almost a daily basis.
Arrak's mother, Annely Arrak, had previously expressed concerns the banishment order would force her son onto the street. Arrak, an immigrant from Estonia, said her son has no other family in the area. She said he is unable to hold a job because of his mental illness, and has no money or a place to go.
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