Politics behind ad citing mentally ill dad who killed his children: lawyers
Stephen Harper is interfering with Canada’s justice system in an election advertisement that unfairly puts the label “criminal” on a father who killed his children while extremely mentally ill, the man’s lawyers say.
In the minute-long radio ad, the Conservative leader references “the tragic story” of Allan Schoenborn, who in February 2010 was found “not criminally responsible” on account of a mental disorder.
“We Conservatives believe that public safety must be the primary consideration in deciding how to treat criminals like that,” Harper says in the ad that broadcast Thursday.
Harper’s message aired as Crown prosecutors in B.C. test a new Conservative law that includes provisions for locking up mentally ill offenders indefinitely. Tuesday, they return to B.C. Supreme Court in their bid to designate Schoenborn a “high-risk” accused.
Schoenborn’s lawyers, along with two of the country’s experts on mentally ill offenders, object to the ad.
“It’s just wrong for Mr. Harper to use Mr. Schoenborn’s case to obtain political leverage in an election,” lead counsel Peter Wilson said.
“Mr. Schoenborn’s been made the poster boy.”
Politicians rarely speak publicly about a case before the courts.
Wilson said he’s offended by Harper’s “prejudicial” statements. Because a prime minister essentially appoints judges, he said, Harper is effectively lobbying for a particular outcome.
Five years ago, a judge found Sc ho en born was suffering psychosis when he stabbed his 10-year-old daughter and smothered his two sons, eight and five, at their Merritt home.
The outcome of the trial exempted Schoenborn from criminal responsibility, Wilson said. A judge ordered his treatment in a psychiatric facility, rather than punishment.
“The tradition in Canadian law, long-standing, is that we do not treat mentally ill people the same as we treat other offenders,” he said. “(The ad is) misinformation, and the prime minister should know better.”
Rishi Gill, who also represents Schoenborn, said the lawyers know the killings were horrific — their goal is to uphold the constitution.
The family of Schoenborn’s victims has frequently praised the new law, Bill C-14.
They have been critical of recently approved escorted day passes for Schoenborn from the forensic hospital where he’s being held.
Spokesmen for the Conservative campaign did not reply to requests for comment.