Canada's laws should be changed to ensure victims of a serious crime are protected from an offender receiving psychiatric treatment in case a temporary release into the community is granted, says British Columbia's attorney general.
Barry Penner said Wednesday he has written to federal Justice Minister Rob Nicolson, saying a facility that treats mentally ill people who have committed serious crimes should have the addresses of victims and that information should be protected under privacy legislation.
Penner took the step after the British Columbia Review Board recommended a man who killed his three children be allowed escorted leaves from the Forensic Psychiatric Hospital in Port Coquitlam.
The decision has ignited controversy after revelations that Allan Schoenborn's ex-wife was living in the same community, where she has family.
Penner said the review board will reconsider its recommendation within 14 days after the director of the facility learned about Darcie Clarke's whereabouts.
"I'm suggesting that the federal (Criminal) Code be amended to give paramount consideration to public safety when review boards are considering granting absences for individuals that are in the care of a psychiatric facility," he said.
Penner said at least two psychiatrists should decide if patients are stable enough to leave a hospital for temporary outings so they don't pose a threat to the public.
"Currently, and in (Schoenborn's) case, it was left to one psychiatrist to make that determination. That's a lot of pressure to be put on anybody's shoulders."
Schoenborn's former wife discovered her three kids dead in their Merritt, B.C., home on April 6, 2008. Ten-year-old Kaitlynne was in her bedroom, her throat slashed, while eight-year-old Max and five-year-old Cordon were lying on the couch, suffocated.
Schoenborn's request for temporary escorted outings went before the review board last week, and the director of the psychiatric facility was asked if Schoenborn might take the leave.
Dr. Johann Brink told the review board he supported supervised outings for Schoenborn, though with reservations.
But Penner said Brink did not know Clarke was living close to the psychiatric facility and felt threatened by her former husband.
Schoenborn was found not criminally responsible for killing his kids, saying he took their lives to prevent them from being molested.
Last year, Schoenborn requested at his first review hearing to be discharged for good from the hospital, but was denied on the grounds he was still a threat to society.
At the review board hearing last week, Schoenborn said this time around he wants to keep taking his medication and remain living at the hospital.
"I'm looking for the answers to what happened, and I don't want anything to gum up the works," he said.
He said he wanted the escorted leave to do simple things, like look for a job or have a cup of coffee.
Crown lawyer Lyle Hillaby supported the supervised visits, but told the review board that Schoenborn "is not to be trusted" because of his history with violence and anger.
Scott Hicks, Schoenborn's lawyer, said his client had committed no violent act over the past year and that his disorder was in remission, so it was "realistic" to grant him community visits at Brink's discretion.
