The father who was found not criminally responsible for killing his three children could become the first person to be labelled a “high-risk” offender in the country on Thursday.
Crown Counsel applied for the designation in September 2015, after Bill C-14 – legislation for adults declared Not Criminally Responsible (NCR) – was amended.
Dave Teixeira, who speaks on behalf of Darcie Clark – Schoenborn’s estranged wife – said that if the judge rules in their favour, Schoenborn won’t be able to stand before the British Columbia Review Board every year.
“If Allan Schoenborn is given that high-risk designation, it would mean that he would need to remain in custody at Colony Farm psychiatric hospital for up to three years,” said Teixeira.
WATCH: Dave Teixeira speaks on Global News Morning BC about the upcoming hearing:
“As it stands now, over the last seven years, every single year he can apply to the BC Review Board to get out.”
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If he is given the designation, he would also lose the right to go on an escorted leave and would stay at the hospital.
WATCH: Crown seeks high-risk designation for Allan Schoenborn
Schoenborn’s lawyer has argued Bill C-14 was introduced by the Conservative government after Schoenborn killed his children and therefore should be exempt from the amendment.
Schoenborn stabbed his 10-year-old daughter Kaitlynne and smothered his sons Max and Cordon at their family home in Merritt in April 2008.
Schoenborn admitted to the killings but was found not criminally responsible because he suffered from a mental disorder.
– With files from Grace Ke and Rumina Daya
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