A mother whose three children were murdered by their father warned the Tri-Cities today about his possible release on day passes.
Outside BC Supreme Court in New Westminster, Mike Clarke and Stacy Galt — relatives of mother Darcie Clarke — read from her statement saying Allan Schoenborn's temporary releases "at this time or in the foreseeable future will only result in misery and pain for residents."
Thursday morning, Madam Justice Martha M. Devlin ruled against applying the high-risk accused designation on Schoenborn, who is currently housed at the Forensic Psychiatric Hospital in Coquitlam.
In April 2008, Schoenborn killed his three children in their home in Merritt. He stabbed his daughter Kaitlynne, 10, and smothered his sons Max, eight, and Cordon, five, to death.
Two years later, he was found not criminally responsible for the murders.
In her decision yesterday, the judge noted Schoenborn was in a "delusional state" when he slaughtered his kids but he did not pose a safety risk to the public.
Schoenborn's lawyer, Rishi Gill, told the media afterward his client is receiving treatment at Colony Farm for mental health issues and anger management, among other things. And he said it's likely Schoenborn won't be leaving the facility "for a significant amount of time…. We don't deny that he has a lot of work to do."
But Darcie Clarke suggested her ex-husband is manipulating to get outside and alleged he hasn't taken part in the treatment programs.
"Rather, he plots with lawyers and senior hospital administrators to twist the justice system to gain unmerited freedom," Galt and Mike Clarke said, reading from her statement.
Crown Counsel worked for two years to have Schoenborn deemed a high-risk offender — a label added to the Canadian Criminal Code in 2014 that now applies to people found not criminally responsible for their actions.
Crown spokesperson Alisia Adams said Schoenborn can apply for a temporary leave from Colony Farm as early as Nov. 10, at the next review board hearing.
Coquitlam Mayor Richard Stewart told The Tri-City News he's concerned about where Schoenborn might go while on temporary leaves.
"These are amazingly challenging situations for communities," Stewart said in an email. "We all want persons with mental illness to get the treatment and support they need. But those who commit the most heinous criminal acts — and are ruled to be not criminally responsible — create enormously difficult public policy questions, particularly for the communities into which they are released."
Stewart added: "Public confidence in the justice system can be undermined in situations like this. I can't help but hope that Mr. Schoenborn continues to receive the very best institutional care, treatment and support for the next 20 years."
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Statement from Darcie Clarke On Court Failing To Assign High Risk Designation for Allan Schoenborn
Posted on August 31, 2017.
Disappointment.
Disappointment that after 487 days since the start of these hearings in May of 2016, we have the ruling we thought no court of law would issue. That is, Allan Schoenborn, the man who murdered my three children – Kaitlynne, Max and Cordon – is NOT a high risk to public safety. This proves our court system has failed to use Bill C14 Not Criminally Responsible Act to put public safety as its paramount concern
Allan Schoenborn is a man with a lifelong criminal history which includes violence. This violence continues to this day inside the Colony Farm Psychiatric Hospital where he has lived for the last seven years since being found not criminally responsible (NCR) for the murders of my children.
This is a man who does not participate in programs so he can get better, rather, he plots with his lawyers and senior hospital administrators to twist the justice system to gain unmerited freedom. The result of such access to the community at this time or in the foreseeable future will only result in misery and pain for residents.
During this hearing we heard from the doctors who treat Allan, that he is dangerous.
During this hearing we heard from former doctors and hospital staff that this triple child killer continues to be a threat to others.
But now, we have heard from a judge that Allan is NOT to be designated a high risk to public safety? Shameful.
With this ruling, I have lost hope there will soon come the additional peace-of-mind that such drawn out legal proceedings are now over and Allan’s annual reviews will be moved to every three years. This would have meant longer and better treatment considerations for Allan; more time for me and my family to heal; and greater transparency and protections for all Canadians. But it seems, this is not to be.
So what is next? I have three items in mind:
1. I will meet with Crown Counsel to see how an appeal can be mounted.
2. Allan’s Review Board Hearing, which recessed in May of this year, should be continuing soon. With the High Risk Designation not in place, I am unsure Allan will remain in custody and treatment. We will be actively involved to ensure the Review Board puts public safety ahead of a triple child killer’s desire to walk around in our community.
3. We are calling upon Prime Minister Justin Trudeau; Ralph Goodale, Minister of Public Safety and Emergency Preparedness; Jody Wilson-Raybould, Minister of Justice and Attorney General of Canada; and Ginette Petitpas Taylor, Minister of Health; to review the work of the National Trajectory Project (NTP) study.
The NTP study is the only one of its kind in Canada, and is being held up as the gold standard for Not Criminally Responsible on Account of Mental Disorder (NCRMD) research by the authors. As such, some advocates and provincial Review Boards are arriving at decisions based on the study’s conclusions.
Over the four or so years since the National Trajectory Project report was published, we have seen issues with their study and data. These now concluded hearings highlighted with no shadow of a doubt that the NTP study has several serious errors and faulty methodology which may impact patient care and/or public safety. In fact, one expert witness classified the NTP study as “fatally flawed”.
These hearings are precedent setting and the implications for future NCRMD Review Board and High Risk Designation Hearings are profound. After four years of peeling back the layers of the onion that is the NTP report, the stink is pretty bad. With each closer look – or layer that is removed – we discover errors, omissions, non standard methodology, studying recidivism of dead people, and more. Such studies erode the public trust and jeopardize our safety.
Bill C14 Not Criminally Responsible Act puts public safety as its paramount concern. Having faulty research masquerading as unbiased conclusions is of great concern to all Canadians and does nothing to assist those individuals and families caught up in our NCR and mental health systems.
Today’s ruling has not only failed my family including my children, Kaitlynne, Max and Cordon, but the justice system has failed others dealing with similar NCR hearings. Including Gabe Batstone whose daughter Teagan was murdered by his ex-wife; and for the families of Zackariah Rathwell, Lawrence Hong, Kaitlin Perras, Jordan Segura, and Joshua Hunter who died after Matthew de Grood, stabbed them at a party in Calgary in 2014; and for dozens of other families across Canada where this NTP study has, or surely, will be used to support “expert testimony” in NCR cases.
I want to thank Crown Counsel for their dedication to these hearings over the last 20+ months. Wendy Dawson, Michelle Booker and Trevor Shaw: your professionalism, determination and empathy were exemplary and appreciated.
My cousin Stacy did a lot of the heavy lifting to have the Criminal Code of Canada changed and I cannot thank her enough for all that she has done for me and for victims of crime all across Canada.
To my brother Mike and family friend Dave Teixeira, thank you for all you have done to represent me in court during these hearings. I know your presence in the court and media ensured a bright light continued to shine on the imbalance of the NCR system which has often put victims of crime as an afterthought.
For everyone who has supported me over these last almost ten years, thank-you. And thank-you for your continued support as we move forward to protect the rights of victims all across Canada and improve our justice and mental health regimes.
Darcie Clarke
www.4Darcie.ca
