Categorized | Media Release, News

Statement from Darcie Clarke On Court Failing To Assign High Risk Designation for Allan Schoenborn

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

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For further inquiries please contact:
Dave Teixeira
Dave.ca Communications Inc.
dave@dave.ca

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Allan Shoenborn's Next Release Hearing

November 10, 2017

SIGN THE PETITION

Keep triple child murderer Allan Schoenborn in Custody.

1,468 signatures

Keep Allan Schoenborn In Custody

We, the undersigned, stand with Darcie Clarke in requesting that:

1) Allan Schoenborn NOT be granted access to the community at this time, only three years after he killed his three children.

2) The rights of victims and the security of communities receive stronger consideration in cases of "not criminally responsible" because of mental illness.

3) The Criminal Code of Canada be changed such that
- offenders found not criminally responsible of violent offences are compelled to complete a specified length of treatment in the care of a Government facility,

- victims of crime where the offender was found not criminally responsible -- and their families are notified in advance of any hearings involving the release (escorted or otherwise) of the offender, and

- at least two doctors must concur before the release (escorted or otherwise) of a person found Not criminally responsible.

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