Convicted killer Andre Denny to get limited day passes amid Crown's opposition

A man convicted in the 2012 beating death of a prominent gay-rights activist in Halifax has been given limited access to go out in public despite the Crown's objections.

In a decision released Tuesday, Nova Scotia's Criminal Code Review Board said Andre Denny would be allowed to leave the East Coast Forensic Hospital in Dartmouth on day passes under the supervision of either somebody from the facility or an approved volunteer.

The Crown objected to Denny getting any leave privileges.

"I disagreed with the access that was granted," Crown prosecutor Karen Quigley told reporters.

"The board in its wisdom decided to do differently and they decided to strike the balance of the interest between the public and this offender at a different place than certainly the Crown had recommended."

Denny was convicted of manslaughter in the beating death of Raymond Taavel, 49, on April 17, 2012 outside Menz Bar on Gottingen Street.

He was sentenced in 2016 to eight years behind bars and given 1½ times credit for the nearly four years he spent in custody following his arrest. 

The day before Taavel's death, Denny — who has been described in court documents as having paranoid schizophrenia — was given a one-hour pass to go to the edge of the East Coast Forensic Hospital property to smoke a cigarette, but failed to return to the facility as scheduled.

Court documents have also described Denny as being grossly psychotic with a history of aggressive impulsivity and unpredictability. He has been found not criminally responsible for other crimes in the past. 

Homophobic slur

Tuesday's review board hearing revealed that Denny, within the last six months, has threatened to punch another patient and directed a homophobic slur at another patient.

The slur came when another patient brushed up against Denny as they were getting cigarettes out of their lockers. The hearing was told that Denny said, "Don't touch me like that. Don't you know I killed a faggot?"

The team at the hospital that has been working with Denny, along with his lawyer, both argued he needs time in the community if he is going to be reintegrated and rehabilitated.

What the board granted is less than what the hospital staff had been asking for, but more than what the Crown felt was safe.

"Mr. Taavel's death and the incident that occurred, occurred while Mr. Denny was under the board's oversight," said Quigley.

"That behavior that resulted in that absolutely tragic incident plays a role in their considerations today,"

Taavel's partner: 'I have trust issues'

Darren Lewis, Taavel's partner, sat beside Quigley at the review hearing and stood behind her as she took questions from reporters. He spoke at the hearing but declined interviews with reporters.

"I can't seem to disassociate what took place with any of this. I don't think I'll ever be able to trust that Andre is going to be OK," Lewis told the panel.

"I have trust issues ... Over and over and over, where he is on his own, some sort of violence happens."

Denny's family: 'We have loss, too'

Two of Denny's brothers and his stepfather, Lance Paul, also attended the hearing. Paul spoke directly after Lewis.

"I understand your suffering but we have loss, too," said Paul.

He told the panel that Denny's mother had died and the family believes her death was caused by the stress of the case. Denny's mother was never allowed to hug her son before she died because he was in custody, said Paul.

"I think he should be coming home. I've always said that," Paul said.

Peter Lederman, chair of the Criminal Code Review Board, said the board does share some of the concerns expressed by the Crown.

Denny's hospital team had argued for restrictions that would have allowed him out in the community without direct supervision, but the board wouldn't go that far.

Denny's lawyer and the hospital support team also stressed that there have been no incidents of substance abuse during his time in hospital.

Substance abuse has been identified as one of the problem areas for Denny: he was drunk and had consumed drugs the night he attacked Taavel.