VANCOUVER — A British Columbia father who killed his three children while suffering psychosis will be allowed escorted outings, a decision the mother of the dead calls a travesty that she has been dreading.
Allan Schoenborn received the B.C. Review Board's approval despite an earlier warning from the Crown to panel members to heed new Conservative government legislation empowering them to hold mentally ill offenders indefinitely.
Darcie Clarke said her family will still work with Crown to potentially apply to the B.C. Supreme Court to label her 47-year-old former husband a "high risk" offender.
"So what's next? For Allan, he could be in our community at any time without the public's knowledge," she said in an online statement after the decision was released on Friday. "I will now live in consistent fear."
Schoenborn stabbed 10-year-old Kaitlynne, and smothered eight-year-old Max and five-year-old Cordon in their Merritt, B.C., home in April 2008.
He's been held in the province's psychiatric hospital since being declared not criminally responsible, or NCR, for the killings on account of mental disorder.
His high-profile case was used as an example by the prime minister to introduce reforms to legislation governing treatment of people found NCR. The provincial Crown cited public safety while arguing aggressively during the four-day review, which concluded a month ago, to prevent his limited freedom.
Schoenborn's lawyer Scott Hicks said his client is pleased with the decision, but they have no way of predicting the date of his first outing.
"It was an absolutely awful crime, so of course the family of the victims are going to have an emotional response," Hicks said. "But I think that the safeguards are pretty firmly in place."
The decision states that Schoenborn's illness has been in remission for many years.
"In this case, the board determined that the custody order imposed on Mr. Schoenborn could include a clause permitting him escorted access to the community at the discretion of the director."
It also noted that prior to any outing, Schoenborn's mental stability and any risk he might pose would be assessed.
But Clarke lashed out at the B.C. Review Board directly, calling on Premier Christy Clark and B.C.'s justice minister to reform the board and its operations at the Forensic Psychiatric Hospital where Schoenborn is a patient.
"The dysfunctional nature of the board and forensic hospital administration is shameful," she said.
Justice Minister Suzanne Anton said her "heart goes out" to the family but stated it's important to respect the board's independence, which is established under the federally regulated Criminal Code.
"The public's safety remains a paramount consideration and I understand a structured plan would be put in place."
A Crown spokesman said the Criminal Justice Branch has 15 days to decide whether to appeal.
During the hearing, Crown challenged the hospital's director, a prominent expert on assessing and treating NCR patients, arguing that evaluations of Schoenborn's risk to the community were "not up to standard or consistent with the best practises."
Prosecutor Wendy Dawson told the board that allowing Schoenborn supervised outings was gambling on public safety, and would not align with the year-old Conservative legislation, Bill C-14.
In its decision, the board said it carefully considered the changes to the legislation, but that the appropriate legal test involved using the "least restrictive" way to manage risk. It also highlighted the importance of reintegrating Schoenborn into society.
"The argument advanced by the Crown is therefore dismissed," it stated.
Schoenborn's treating psychiatrist said during last month's hearing that while the man remains a "significant threat," he is at low risk of escape and would be under constant watch.
The ruling permits outings only after extensive planning by the hospital. Its medical director can cancel a planned trip at any point.
