A provincial Crown application to have Allan Schoenborn declared "high-risk" will be back in court next month.
Schoenborn, who is locked up at the Forensic Psychiatric Hospital in Coquitlam for killing his three children, wasn't at hearing today (Thursday) when lawyers for B.C.'s Attorney General and the Merritt father made a joint request for a four-week adjournment to review the matter.
Madam Justice Victoria Gray agreed to the proposal by Crown Counsel Wendy Dawson and barrister Rishi Gill, representing Schoenborn, and set the next date for Oct. 8 at B.C. Supreme Court in New Westminster.
Last week, the criminal justice branch of B.C.'s justice ministry announced it would seek to have the high-risk accused designation apply to Schoenborn. The move under section 672.64 (2) of the Criminal Code would mean, if approved by a judge, that Schoenborn's previously approved escorted day passes would be revoked.
Last July, the Criminal Code was changed through Bill C-14 to allow the designation of "high-risk accused" for adults who have been found not criminally responsible (NCR) of crime due to a mental disorder. This case is the first to use that law before a B.C. Supreme Court judge.
In its application, the Crown must prove there is a substantial likelihood the accused will endanger the life or safety of someone else or that his offences were so brutal that there's a risk of grave physical or psychological harm to others.
Its bid comes three months after the B.C. Review Board granted Schoenborn escorted day passes into the community, despite pleas from his former wife, Darcie Clark, who lives in the Tri-Cities.
Schoenborn murdered their three children — Kaitlynne, Max and Cordon — in Merritt in 2008; he was found not criminally responsible two years later because of a mental illness.
Outside the courthouse Thursday, family spokesperson Dave Teixeira told reporters Schoenborn has had at least 40 violent incidents with staff and patients at Forensic Psychiatric since he was incarcerated. It is not known whether he has yet used an escorted day pass.
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