Speaking notes and submission by Dave Teixeira in favour of Bill C54 to the Standing Committee on Justice and Human Rights in Ottawa.

Please check against delivery

Thank you very much for the opportunity to address this Committee today.

My name is Dave Teixeira. I own a public, media and government relations company – Dave.ca Communications – in Port Coquitlam, BC and I am here to add my voice, along  in support of Bill C54.
http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=5972161&File=24#1

In my address I want to share with you how I met Darcie Clarke and Stacy Galt; my advocacy on the issue of “not criminally responsible” at all levels of government; further explain my support of this Bill and finally dispel many of the untruths that have been shared in the press, in the House of Commons and even during these hearings.

I remember hearing about the brutal murder of three children at the hands of Allan Schoenborn in April 2008. I remember being shocked and disgusted by the crimes. Honestly, within days of the initial story appearing in the media I all but forgot about this crime since it took place in Merritt, BC – about 2.5 hours north east from my home in Port Coquitlam.

Then in April 2010 I opened my local newspaper to find out that this triple child killer had been relocated to Coquitlam, BC and was being released into our community. The doctors in the article said that after one year of treatment they felt he was better and while they considered him to still be a significant risk to public safety, they felt it was in his best interest to be reintegrated into the community with escorted passes, then unescorted day and overnight passes and then an unconditional release. In the words of Allan Schoenborn, “I want to get a coffee at the local Starbucks and swim at Chimo Pool”.

This itself was disturbing but the next day on the news I watched as Stacy Galt, the cousin of Darcie Clarke the mother of the three children slain by Schoenborn, told the interviewer that the family had not been notified. In fact Darcie now lived in Coquitlam with family members since the murders three years earlier in Merritt.

The Review Board replied in the media that they did not know Darcie Clarke lived in Coquitlam and besides they had not had any negative feedback from anyone on Schoenborn. http://www.dave.ca/2011/04/13/allan-schoenborns-doctor-not-aware-of-safety-concerns/

To make a long story short, I contacted Stacy Galt and offered my services at no charge to her and Darcie.  Within days the BC Review Board was flooded with hundreds of emails, phone calls and faxes from outraged residents, victims groups, media outlets, law enforcement, many Lower Mainland municipalities and just about every elected official at every level of government in the Tri-Cities.

We organized a rally the day before the hearing which attracted over one hundred people and every major news organization. This two hour rally was carried live on the top radio station in British Columbia – CKNW – and broadcast over their network to much of BC. MP James Moore spoke and promised that if his Conservative Party formed a majority government three weeks later in May 2011 he would ensure changes to the NCR rules were introduced.
http://www.dave.ca/2011/04/21/another-open-letter-to-dr-brink/

As we know, Minister Moore kept his promise and joined with Justice Minister Rob Nicholson, Prime Minister Stephen Harper and others to introduce Bill C54.

The next day at the hearing, the BC Review Board was shocked to see the gallery was packed. The Review Board turned off the microphones and conducted the review in near whispers. When Stacy protested the Chair said, “this is a HEARing which mean you need to listen” when I protested I was threatened with removal, when some of the media representatives protested, the Chair said they would try to speak up.

The 2011 review ended with Schoenborn withdrawing his demand for release and the Review Board finding him to pose a “significant threat to public safety”.

A year later, Schoenborn decided he did not want to have his review in March or April 2012 , instead moving it to November. Days before that hearing he moved it again – to Valentine’s Day 2013. At that hearing he did not ask for day passes etc, instead he asked to be transferred to Selkirk, Manitoba to the same non-gated facility as Vincent Li, the “Greyhound Bus Killer”. The Review Board granted this request while finding Schoenborn to continue to pose a “significant threat to public safety”.

These are just some of the many events which continued to take place over the last two years which convinced me that there is an imbalance in the system. A system where victims are purposefully removed from consultation and declined information. Bill C54 corrects these travesties.

C54 gives victims families two major changes: 1) the right to be informed of the progress and process of the NCR accused and 2) time to heal with up-to three years between reviews should the accused be found to be “high risk” as opposed to having to suffer through an annual process which the NCR accused can reschedule on a whim and in Schoenborn’s case, continue to be found to pose a significant threat to public safety.

In addition, by having a separate and distinct classification of “high risk offender” this Bill reaffirms that not all mental ill people nor all NCR accused are a danger to society. Those who do pose a risk are dealt with differently. This makes complete sense.

Bill C54 is not a catch all Bill. It will not solve all the ills in the criminal and mental health systems. Nor was it designed to. As I have said, the Bill corrects the imbalance which exists in the system and gives greater consideration to victims and community as a whole.

Voting against this Bill because it does not address various shortcomings in our criminal and mental health systems would be like voting against a “Lakes Protections Bill” because it does not address concerns with the oceans. Yes, both have to do with water but in my “Lakes Protections Bill” example the intent of such an act is clear. As is Bill C54 – which is meant to put victims first when dealing with an NCR designation..

Just about everything else in Bill C54 is the same process that exists today.

This is why I am disappointed to hear some Members of Parliament make heady statements which fry up incorrect conclusions.

This Bill IS NOT punitive nor does it enforce a three year mandatory detainment for NCR accused. Rather at the review hearing a determination of “high risk” will be made by doctors, approved by the Review Board and then further reviewed by a judge.

C54 DOES NOT stigmatize the mentally ill. Stigmatization comes from hiding the process from the public and keeping people ill informed or by labeling a group of people with just one label, such as NCR. C54 opens up the process giving people more insight and understanding which will alleviate much of the stigmatization.

Some lawyers suggest mentally ill will choose jail over an NCR designation. That can actually occur now under the current system. However now or even under Bill C54 a judge makes the final determination, therefore this Bill does not change the way someone “chooses” to have NCR applied to their crimes or actions.

Some witnesses and Members have said there will be Charter challenges to the Bill. I would guess there would be just as we saw in 2010 when folks were outraged they had to wear helmets while riding bikes in BC; or in 1997 when a Quebec resident argued that Section 117 of the Income Tax Act discriminated against taxpayers who earned higher incomes; or in the latest 1990s in just about every Province there were Charter challenges to banning smoking in restaurants and pubs. So yes, some people will make Charter challenges – just as we have seen many times whenever health and safety protections are put in place. And just as the examples I cited failed, I would suggest so would a challenge on Bill C54. When doing the right thing for public safety sometimes this means preventing some people from doing harmful things.

Opponents to Section 672.64 (1b) of the Bill say they do not like the fact that “a single brutal event” is the determining factor on the “high risk” designation. That is NOT what is in the Bill. These folks are cherry picking words and stringing together to form sentences which serve their political and/or fiscally driven views. In short, it is intellectually dishonest.

Subsection 2 is clear “In deciding whether to find that the accused is a high-risk accused, the court shall consider all relevant evidence”. This includes the nature of the offences, pattern of offences, current mental condition, willingness to follow treatment, past history and more. There is a full, complete and prudent set of rules by which all parties must follow before an accused is found to be high-risk.

Finally we have heard that the Crocker report shows there is a low rate of recidivism for folks found to be NCR and therefore the up to three year term for high risk offenders is not needed.
https://ntp-ptn.org/NCRMD-SVO-NTPteam_March_2013.pdf

I believe we do not have proper information to make such conclusions on recidivism rates.

The Croker report is a very narrow study of the NCR system in Canada. How narrow? The study looked at only 165 people from three provinces – BC, Ontario and Quebec – for a 3, 4 and 5 year period respectively. In addition the study only considered recidivism if an act occurred three years after their study date. Also of note are some confusing figures. Conclusions state the recidivism rate in the low double digits however on page 17 it reads, “..38.8% had been previously convicted or found NCRMD”. Finally, on page 21 is this warning: “Given the follow-up time for this study was limited, the results here must be interpreted with caution.” I agree.

The State of Virginia earlier this year on their website http://vaperforms.virginia.gov/indicators/publicsafety/recidivism.php wrote:

“[recidivism rate comparisons are difficult] as there are usually significant differences in how states define and track recidivism measures.”

The State goes out to outline many of the reasons recidivism rates can be flawed.
Notes on Additional Differences in How Recidivism is Measured:

• Variations in when recidivism tracking begins (while the offender is still in a correctional environment, or after release);

• The length of time during which recidivism is tracked (one year, multiple years, etc.);

• The kinds of offenses counted as recidivism (all offenses, only criminal offenses, only felonies, etc.);

• How new qualifying offenses are characterized (must be new crimes or can be technical parole or minor violations (such as traffic infractions); and

• How the data is obtained (juvenile system only, adult system only, both systems, different jurisdictional levels (city, county, statewide, multi-state, etc.).

Again, the Crocker report offers a similar caution.

This does not mean we discard the Crocker report, however, it means this Committee should not take as gospel the figures outlined in the report due to the limited scope (3 provinces), differing times frame (between 3 and 5 years) and short period for follow up (3 years).

As an analogy I could assert that the Toronto Maple Leafs are the greatest team in the history of the NHL…if you only look at teams from 3 Provinces –  BC, Ontario and Quebec –  for a specific and short period of time, say, 1962 to 1967. I am sure some of you will argue against my assessment and you should. Just as you should be leary of the conclusive recidivism rates presented to you by various groups.

In conclusion, Bill C54 continues to protect the mentally ill from incarceration while correcting the imbalance which sees victims ignored or worse, revictimized by the system.

As hard as we are working with the Federal Government on making changes to the system we are also working in BC with Premier Christy Clark and Justice Minister Shirley Bond to make changes to the BC Review Board process. We have already made huge advances in the area of domestic violence when in April 2012 the Province issued their report entitled “Honouring Kaitlynne, Max and Cordon” – which are of course the names of Darcie’s three children.
http://www.dave.ca/2012/03/01/statement-from-darcie-clarke-on-the-honouring-kaitlynne-max-and-cordon-report/

I call on all Parties and all Members of the House to vote unanimously in favour of Bill C54.

I realize our time in here today is limited you will note additional passages in my written submission which I could not articulate just now. I invite the members of the Committee, people in the gallery or folks watching this hearing’s broadcast to connect with Stacy and myself after this hearing in person or by email at dave@dave.ca or Twitter @davedotca.

I look forward to your questions.

Thank you.

Please check against delivery.

I am here to explain why you should pass Bill C54.

You all know of the Allan Schoenborn case.

My cousin Darcie has been mentally and psychologically abused by Allan for the past 15 years. Even now sitting in Colony Farms Forensic Hospital Allan still has control and Darcie is helpless.

He can delay a review, fail to show up, ask for transfer etc . The way the system works now, it keeps victims of the N.C.R victims. Only difference now is Darcie is a victim of a flawed system.

There is much room for improvement. Especially where the mentally ill are concerned. In my province they closed down Essondale the only place people with mental illness could go for care and treatment.

People who are in need are not getting it. The Police can’t do anything but bring someone with a mental illness to Emergency. All the hospital can do is get them cleaned up and prescribe them medication before releasing them back into the public instead of an institution specifically equipped for their treatment.

There is no law giving the police or medical personnel the choice of retaining them for a term of treatment. If Allan was detained for treatment Katelyn, Max and Cordin would still be alive.
Katelyn was 2 or 3 the first time Allan endangered her life and Darcie’s. He was signed into a hospital only to walk out when he got the chance.

Two days later he shows up at Darcie’s home. No one came to look for him or to check if Darcie or Katelyn were alright or if the there was still a threat to their safety.

The medical system failed both of them. That’s when she knew she was on her own and no one could help her.

She tried to get away to move but he would always find her. She would call the police and he would leave only to come back with a vengeance.

My whole family did not know what to do. We all wanted to get him out of Darcie’s life but what could we do that wouldn’t land one of us in jail?

The medical system’s protocol and procedures failed Allan. If he would have received the proper care when he needed it so desperately. Katelyn Max and Cordin would still be alive.

Last year there was a report honouring Katelyn, Max and Cordin.

The heartbreaking truth of it all finally came out. Darcie’s children would still be alive had the system and the laws not failed her. Darcie received an apology from our Premier Christy Clark.

Now we have programs in B.C. to ensure this never happens again to another family.

Now as a result, the communication is better between departments, jurisdictions etc.

I feel that if I don’t see this Bill pass with a unanimous vote, I will be the one receiving an apology from the Prime Minister saying sorry Stacy; Darcie would still be alive if our hands weren’t tied by an outdated law.

The first words out of Allan’s mouth when he was found were and I quote, “Is Darcie dead?” She is unfinished business and she knows it!

Now I come in and help in any way I can. Darcie’s Doctor releases her into my care while she was still on suicide watch.

She was so frail and broken. For the first 6 months when I came home from work I would stop outside my door and brace for the worst. As time passed she came out of her room and then the house.

It was slow but steady progress she even got a pass for the local Chimo Pool. I was proud of her and I thought there’s hope for her. To be around children again so soon was fantastic! Great progress.

Then one day she comes home with the newspaper saying Allan is up for day passes and release. All my hard work with her came crashing down, how can this happen?

We live 10 min away and Allan wants to go to the pool and Starbucks. He knows what she likes where he can find her and she is terrified. My whole family is terrified and so am I.

I asked questions and was told this is how it works there is nothing I or anyone can do. I said that’s not good enough. They said you would have to change the law. So I said fine and that I would not stop until I was heard.

Now here I am with the support of the Canadian people. For their help and strength Darcie and I are truly grateful.

Please help me save my cousins Darcie’s life by passing Bill C54. To us this is a matter of life and death.

Thank you and I look forward to your questions.

We are happy for this progress however call upon the entire House of Commons to join together to unanimously pass this legislation at final reading.

Our family has been working for two years with Prime Minister Stephen Harper, Attorney General Rob Nicholson and Canadian Heritage Minister James Moore on this Bill.

This is a Bill that reminds the courts and Provincial Review Boards that victims matter. In fact, it is more than a reminder that victims matter, it will hopefully soon be the law.

There is an imbalance in the system – and this legislation corrects that.

An imbalance which allows a three time child murderer to decide when his hearing will take place, while the mother of his victims has no say.

An imbalance which sees those with a lifelong history of violence and indifference classified and treated the same as people who are mentally ill and want to get better.

An imbalance where the hospital has no obligation to notify ANYONE if a high risk offender leaves or escapes from their facility – as over a dozen people have in the past eighteen months from Colony Farms – and where at least three offenders are still at large.

Again, there is an imbalance in the system – and this legislation corrects that.

This legislation is not punitive nor does it force long sentences on the mentally ill. Far from it.

What is being proposed is what we – the families of victims all across Canada – have been asking for:

That is people found not criminally responsible get better supports than are currently in place; the community as a whole receive the protections we deserve; and the families of victims finally get more time to heal.

After almost five years Darcie and I welcome these changes and look forward to having them in place before Allan Schoenborn decides again next year he wishes to be free in our community – a community which is missing three beautiful but not forgotten children.

Darcie Clarke and Stacy Galt
www.4Darcie.ca

- 30 -

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

The Board today again confirmed Schoenborn is “a high risk to public safety” yet believes he will be fine in Manitoba.

BC’s Attorney General, Shirley Bond issued the following statement at 5:15pm this afternoon:

As you know, the review board just made a decision to recommend transfer this afternoon. This is the first step in a process that is set out in the Criminal Code. I am not in a position today as Attorney General to make any comment. My understanding is that now that a recommendation has been made by the Review Board, the Criminal Justice Branch will consider the recommendation and will insure that all of the considerations and requirements set out in the code are complied with.

UPDATED FEBRUARY 17TH:
Audio of Stacy Galt (Darcie Clarke’s cousin) and Carol de Delley, the mother of Tim McLean who was murdered on a Grey Hound bus by Vincent Li.

Schoenborn, Allan 2013-FEB-15 Disposition by Dave Teixeira

An updated version along with audio and/or video may be included later in the day.

Please check against delivery.

I want to start off by thanking Prime Minister Stephen Harper and Minister James Moore for this announcement.

It’s an announcement that reminds the courts and Provincial Review Boards that victims matter. In fact, it is more than a reminder that victims matter, it will hopefully soon be the law.

Next week Darcie and I have to once again share with the BC Review Board the horrible events of April 6, 2008 where Darcie’s three beautiful children – ten-year-old Kaitlynne, eight-year-old Max and five-year-old Cordon – were murdered by Allan Schoenborn.

We will have to beg the Review Board to listen to our concerns and hope they keep Allan Schoenborn in custody. Without today’s proposed legislation we would do so yet again…and again and again – year after painful year.

There is an imbalance in the system – and this legislation corrects that.

An imbalance which allows a three time child murderer to decide when his hearing will take place, while the mother of his victims has no say.

An imbalance which sees those with a life long history of violence and indifference classified and treated the same as people who are mentally ill and want to get better.

An imbalance where the hospital has no obligation to notify ANYONE if a high risk offender leaves or escapes from their facility – as over a dozen people have in the past year from Colony Farms – and where at least three offenders are still at large.

An imbalance which has my family going into a hearing next week without knowing what Allan Schoenborn wants. Day passes? A full discharge? Perhaps a desire to relocate to another Province where my cousin Darcie cannot easily remind the Review Board of this man’s actions? We do not know because this hearing – which has been postponed twice in the last year at the request of a man who will never serve a day in jail for murdering three beautiful children – my niece and nephews – because the current system says victims have no right to know.

Again, there is an imbalance in the system – and this legislation corrects that.

I am here today with Darcie’s brother Mike and on Darcie’s behalf, we are very happy to share with everyone that Prime Minister Stephen Harper and Minister James Moore took our concerns to heart and are now making the changes to the law we all deserve.

Darcie, her brother Mike and I call upon the entire House of Commons to join together to unanimously pass this legislation. What is being proposed is what we – the families of victims all across Canada – have been asking for:

That is – people found not criminally responsible get better supports than are currently in place;
the community as a whole receive the protections we deserve;
and the families of victims finally get more time to heal.

This new legislation does this and we are grateful to Prime Minister Stephen Harper, Minister James Moore, Attorney General Rob Nicholson and former BC Attorney General Barry Penner for meeting with us early in this process and for moving their words into action.

After almost five years Darcie and I welcome these changes and look forward to having them in place before Allan Schoenborn decides again next year he wishes to be free in our community – a community which is missing three beautiful but not forgotten children.

Thank you.

In February 2009, Turcotte repeatedly stabbed his son, Olivier, 5, and daughter Anne-Sophie, 3, after drinking windshield-washer fluid in a failed suicide attempt.

Turcotte was found not criminally responsible for the fatal stabbings by reason of mental defect.

The review before the mental-health review board is scheduled for Dec. 12 to 14.

A spokesperson for the review board said Monday that one of the parties will deposit a request asking that the hearing be held behind closed doors. I

In June, the review board ruled that Turcotte had to stay at Pinel until December, but allowed him increasing freedom outside the psychiatric hospital, including unaccompanied outings of up to 16 hours.

Montreal Gazette – New hearing on Guy Turcotte release

The newly proposed changes to the not criminally responsible (NCR) designation will most likely NOT be in place for this hearing.

That said, Darcie’s family, friends and community supporters will be vigorously opposing any and all release conditions for Schoenborn.

Right now, the system set up to decide whether it is safe to return Mr. Li and Mr. Schoenborn to the streets after being found “not criminally responsible” by reason of mental disorder is a balancing act – public safety weighed against the individual’s need for treatment and rehabilitation. It’s disquieting to think of a review board struggling with the appropriate balance in Mr. Li’s or Mr. Schoenborn’s case. Public safety should come first. And it is sensible that Conservative Justice Minister Robert Nicholson is proposing to change the law to make that point clear, in the case of high-risk individuals.

Catherine Zahn, the chief executive officer of Toronto’s Centre for Addiction and Mental Health, said in a June letter to Mr. Nicholson that recividism rates for NCR offenders is extremely low, at 2.5-7.5 per cent. She expressed a concern that confining NCR individuals for longer periods “runs counter to attempts to de-stigmatize mental illness,” such as a campaign by the Mental Health Commission of Canada.

Stressing public safety is consistent with the battle against stigma. Stigma is made so much worse each time a horrific act, explainable only by mental illness, occurs. And the reality is, as Stephen Hucker, a professor of psychiatry at the University of Toronto, has said, that “nobody has a perfect instrument to determine whether someone is a future risk.”

Mr. Nicholson needs to ensure, however, that any changes he makes are not attempts to punish the ill – who after all were found not criminally responsible for their actions. Protecting against catastrophic risk is the proper job of government.

Globe & Mail – The public’s safety should come first

An updated version along with audio and/or video may be included later in the day.

Please check against delivery.

In case I get a little emotional when I talk I want to start off by thanking Minister James Moore and Attorney General Rob Nicholson for this announcement.

It’s an announcement which reminds the courts and Provincial Review Boards that victims matter.

Tomorrow we were going to have to once again share with the BC Review Board the horrible events of April 6, 2008 where Darcie’s three beautiful children – ten-year-old Kaitlynne, eight-year-old Max and five-year-old Cordon – were murdered by Allan Schoenborn.

We would have to beg the Review Board to listen to our concerns and hope they keep Allan Schoenborn in custody. And then in a year’s time do it again. And in another year do it again and again and again.

Unfortunately tomorrow’s hearing has been delayed – for the second time this year. So instead of speaking to a single review Board, I am here today with Darcie’s brother Mike and on Darcie’s behalf, we are very happy to share with everyone that Minister Moore took our concerns to heart and is now making the changes to the law we all deserve.

Darcie, her brother Mike and I call upon the entire House of Commons to join together to unanimously pass this legislation. What is being proposed is what we – the families of victims all across Canada – have been asking for:

That is – people found not criminally responsible get better supports than are currently in place;
the community as a whole receive the protections we deserve;
and the families of victims finally get more time to heal.

This new legislation does this and we are grateful to Minister James Moore, Attorney General Rob Nicholson and former BC Attorney General Barry Penner for meeting with us early in this process and for moving their words into action.

After four-and-a-half years Darcie and I welcome these changes and look forward to having them in place before Allan Schoenborn decides sometime in 2013 he wishes to be free in our community – a community which is missing three beautiful but not forgotten children.

Thank you.

CKNW with Minister James Moore

Complete Press Conference

Raw footage from CBC interview with Natalie Clancy:

Hospital inspection reports from WorkSafeBC note that workers are routinely punched, kicked, and that there was also one incident of sexual touching by a patient.

“The number of violent incidents (both frequency and severity) has been increasing over the past couple of years,” workers told a WorkSafeBC inspector.

One employee was, “assaulted by a patient who had manufactured a weapon from the metal frames of his own eye-glasses, which he used to stab the worker multiple times in the face and arms. The patient also punched the worker in the face, fracturing his jaw,” a WorkSafeBC report reveals. Another patient was reported to have been stabbed with a kitchen knife.

The 190-bed facility, which has a maximum security wing, houses some of the most dangerous offenders in the province, sent there because the courts have found them not criminally responsible for their offences due to mental disorders.

Allan Schoenborn a patient

Possibly the most notorious patient is Allan Schoenborn, who killed his three young children in their home in Merritt, B.C., in 2008.

Security at the hospital includes a high, chain-link, razor-wire fence and special constables who patrol the grounds. All staff members wear a personal alarm.

“It can be very, very dangerous, very volatile,” said Darryl Walker, who used to work at the hospital and now is head of the B.C. Government Employees Union, which represents the facility’s unionized staff.

“There’s been some extremely violent incidents. Incidents where people have been hurt to the point they may never return to that work again,” Walker said.

Any incident of violence is followed up rigorously, according to Dr. Johann Brink, the hospital’s clinical director.

“We had some serious incidents and all automatically become the subject of a comprehensive review,” Brink said.

Brink also disputes WorsksafeBC’s claim that there has been a repeated failure to comply with the agency’s orders to improve safety and to supply incident reports when staff are attacked.

“We are working diligently to meet all those requirements. We do not ignore any orders,” Brink said.

Patients on day leave

There are also concerns about patients at the hospital being released on day passes.

In the last three years, 42 patients have failed to return on time while on day leave, and four attempted to escape. One patient is still at large after escaping in May.

The issue is a big concern to the neighbouring municipality of Coquitlam, said Mayor Richard Stewart.

“It raises the hair on the back of people’s necks in our community,” Stewart told CBC News.

“I want to make sure that they’re being as careful as they need to be to prevent escapes and to make sure that the ones that they let go for the day come back.”

But Brink said the problem of day leave violations has steadily decreased from 20 in 2010, to 17 last year and just five so far this year.

The relative number of violations is very low, Brink noted.

“Over the last three years, we have granted over 19,000 day leaves,” he said.