Dates for one of Allan Schoenborn's upcoming hearings could be changing to allow the judge more time to consider the complexities of whether Bill C-14 violates the killer's constitutional rights.
Schoenborn is due back in B.C. Supreme Court in New Westminster April 18 to 23, when lawyers will argue whether the new federal legislation that could deem him a high-risk accused is constitutional.
If it passes, another hearing is scheduled for May 2 to 20 to determine whether the high-risk designation should, in fact, apply to Schoenborn.
But his lawyer, Rishi Gill, said he believes the judge will likely need more time to reach a decision on the constitutionality of the law before the actual high-risk hearing takes place. He'll be in court Thursday to ask that the May hearing be delayed so that public resources aren't wasted preparing for a hearing that may not even happen.
"We think this is a very complicated Charter [of Rights] issue… and this is the first time this issue is before the courts," Gill said. "We are mindful of the fact there is going to be a lot of information for the court to go over."
Schoenborn, who murdered his three children in April 2008 in Merritt, was found not criminally responsible in 2010 and has been at the Forensic Psychiatric Institute since then. If he is deemed a high-risk accused, Schoenborn's BC Review Board hearings would take place up to every three years, instead of annually, and his escorted day passes would be revoked.
