The family of three children murdered by their father Allan Schoenborn could be waiting until next May to know whether he can be deemed a high risk offender under new federal legislation that went into effect in July 2014.
A B.C. Supreme Court judge would first have to rule that Bill C-14, the legislation under which a not criminally responsible offender could be found high risk and remain locked up indefinitely, does not violate Schoenborn's rights in order for the hearing to take place next spring.
"The challenge we have is if we lose in November or April we're done, the hearing in May will be put off and Schoenborn will not be subject to Bill C-14," said Dave Teixeira, who speaks for the family of the three children. "We compare this to a marathon, but somebody keeps adding another mile and another mile and another mile. It's very frustrating."
A hearing on Nov. 4 will determine whether Bill C-14 can be applied retrospectively, the first time the legislation will be tested in B.C. In February a Quebec judge ruled in the case of a Montreal man that the law could not be applied to crimes committed before C-14 came into effect.
Should the judge determine that it can be used, a second hearing set for April 2016 will test whether the application of that legislation violates Schoenborn's Charter rights.
The hearing to determine if Schoenborn should be deemed a "high-risk accused" is scheduled for May 2 to 20, 2016.
In April 2008 Schoenborn murdered his 10-year-old daughter and two sons, aged eight and five, in their Merritt home. He was arrested after a 10-day manhunt and, two years later, found not criminally responsible. He has been at the Forensic Psychiatric Hospital in Coquitlam since then; this spring, the BC Review Board approved his application for escorted day passes.
Stacy Galt, the cousin of the children's mother, Darcie Clark, has stated repeatedly that the family is terrified of Schoenborn and the annual hearings make it impossible for them to heal.
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