Two years after killing his mom and dad and attacking his former supervisor at Seven Oaks Hospital, Trevor Farley, 39, of Manitoba, has been deemed a high-risk accused.
The designation comes after the Court of King’s Bench Justice Kenneth Champagne found Farley not criminally responsible.
Champagne said someone deemed high-risk accused has a mandatory detention order in a “secure hospital setting.” They cannot leave unless it is considered appropriate by the person “in charge of the hospital,” and an authorized person must escort the accused.
Only a superior court judge has the power to revoke the order or loosen conditions.
On Wednesday, Champagne said he considered several factors leading up to the designation, including the nature and circumstance of the offences, whether Farley’s behaviour was repetitive, treatment, the current medical condition of the accused, the opinion of experts and victim impact statements.
Altogether, Champagne said, “I don’t hesitate in calling Trevor Farley a high-risk accused.” He said Farley agrees with the designation.
Of the nature and circumstances of the offences, the judge repeatedly mentioned the brutality of the killings, citing the use of an angle grinder on his mother, Judy Swain, 73, who was home alone in rural Manitoba, and that his father, Stuart Farley, 73, never left his chair while being stabbed to death.
“There is no doubt the attack on (Stuart) Farley was brutal. It was a bloodbath,” Champagne said.
Candace Szkwarek, a nurse and Farley’s former supervisor, previously said the attack on her — which Champagne said left her moments from death — left her feeling unsafe in day-to-day tasks.
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However, Champagne made note that Farley “has no history with violence,” and that the offences “were separated by time and space (but were) a part of an ongoing transaction.” The incidents all happened within three hours, the judge said on Tuesday.
Champagne also expressed his concern over Farley’s current medical condition, and said there was very little evidence of it. He said he appreciates that Farley is on medication to address his mental health, but “I am also seriously concerned about the impact of these serious offences on Mr. Farley.”
“His ability, or inability, to process what he has done and address it in a healthy way will be a serious consideration,” he said, “in future examination of risk.”
Speaking to treatment, Champagne said Farley is in the early days. He said he has concerns because with Farley’s position as a registered nurse at Seven Oaks Hospital, “he was in a better position than others to understand mental health,” and knew he had mental health concerns, but “concealed it, and went on like nothing happened.”
Experts, Champagne acknowledged, said “this is an atypical case with (a) complex diagnosis.” He said significant time will be needed to reach one.
“We’re not talking days, we’re not talking weeks, or months, we’re talking years.”
With respect to victim impact statements, the judge said he would not delve into details to spare the victims from reliving the details. He did say that “the common thread running through all (these) statements is fear.” He said the offences “shattered their feelings of safety and security.”
Szkwarek said she is pleased with the decision to designate Farley a high-risk accused. She said she feels “relief.”
“I can hopefully put this behind me, and move forward and live our life.”
Szkwarek and her family have been speaking out for better mental health care in Manitoba since the attacks.
“I’m hopeful that they would fix things that are obviously broken, just to provide help for people in need like (Farley).”
Court documents said Farley walked out of a mental health crisis centre just hours before the attacks “after repeatedly trying to get help.”
Court heard this week that Farley was in psychosis when he killed his parents and stabbed Szkwarek in October 2021, and thought he was receiving direction from higher powers.
— with files from Global’s Teagan Rasche
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