Edmonton Journal

Child killer sought compensati­on for move

McClintic had sought review of transfer from healing lodge

- ADRIAN HUMPHREYS

Terri-Lynne McClintic, serving a life sentence in the rape and murder of eight-year-old Tori Stafford, sought compensati­on for her “unfair” treatment when intense public outrage forced her transfer from a healing lodge back into prison.

Last month she applied for a judicial review of the transfer and compensati­on for her ensuing loss of liberty. Then on Friday she dropped the applicatio­n, according to the CBC.

When the public learned last year that McClintic was moved from a medium-security prison to the Okimaw Ohci Healing Lodge for Aboriginal Women on Nekaneet First Nation in southern Saskatchew­an, there was an outcry of anger and frustratio­n.

Tori’s father, Rodney Stafford, led a protest on Parliament Hill and opposition politician­s hammered the government on the move in the House of Commons.

In response, Public Safety Minister Ralph Goodale ordered the commission­er of Correction­al Service Canada to review McClintic’s transfer, as well as the policy that allowed it to happen.

That prompted prison officials to again reclassify McClintic, this time in reverse, from being a minimum-security inmate to a medium-security inmate on Nov. 8, 2018.

She was then removed from the Okimaw Ohci Healing Lodge in Saskatchew­an and transferre­d to the Edmonton Institutio­n for Women. Soon after, she returned to her former prison home at the Grand Valley Institutio­n for Women in Kitchener, Ont.

She is apparently not happy with her change of environmen­t.

In a court applicatio­n filed April 30, she complains the transfer led to the loss of her liberty and the decision to move her was “unreasonab­le and procedural­ly unfair, and therefore unlawful.”

Her lawyers asked the Court of Queen’s Bench of Alberta to evaluate whether the decisions to transfer her and also for an award of costs.

The writ of habeas corpus, a serious court action challengin­g the lawfulness of restrainin­g a person in government custody, named the Correction­al Service of

Can anyone recommend a real hard ass lawyer?

Canada, the warden at the healing lodge, the warden at Grand Valley, the Department of Justice, and Public Safety Canada as defendants.

Courts are required by law to place a special priority on any applicatio­n for habeas corpus.

Despite the fact McClintic withdrew the applicatio­n on Friday, Judge John T. Henderson reviewed it on Monday. He put the case on hold until more informatio­n is offered by McClintic’s lawyers.

For starters, Henderson said in written reasons, the applicatio­n says an “affidavit of Terri-Lynne McClintic affirmed April 10, 2019” supports the applicatio­n — but the affidavit was not actually filed with the court, at least not at the time of him writing his decision.

Without McClintic’s sworn statement on her alleged suffering, there is currently no evidence for the court to evaluate.

Further, Henderson writes, the Alberta court seems to no longer have jurisdicti­on over the matter.

“It appears Ms. McClintic was initially transferre­d from the lodge to the Edmonton Institutio­n for Women but now no longer has any connection to Alberta and its courts,” he writes. “It is trite law that the jurisdicti­on of the Alberta Court of Queen’s Bench is limited to the province of Alberta.”

Henderson subjected the applicatio­n to what is called a Civil Practice Note No. 7, which is a document-based “show cause” judicial review on whether the applicatio­n should be heard.

Henderson’s review “identified what appear to be potential issues with the applicatio­n,” he writes. “On its face, the applicatio­n is potentiall­y one which is defective,” he writes.

McClintic, serving a life sentence, is not eligible for parole until 2031 after pleading guilty to the first-degree murder of the girl from Woodstock, Ont., the senselessn­ess and brutality of which deeply shocked and appalled the community.

In 2009, Victoria “Tori” Stafford was leaving school when McClintic, lured her to a car with the promise of seeing a puppy. She was forced into the car and McClintic’s boyfriend, Michael Rafferty, drove to a remote area where the girl was raped, beaten to death with a hammer and left in garbage bags under a pile of rocks.

At Rafferty’s murder trial, she changed her story from what she told police investigat­ors. She previously said Rafferty swung the hammer but admitted she had.

Kelsey Sitar, a Calgary-based lawyer who filed the applicatio­n, declined to comment on the case Tuesday, saying she did not have instructio­n from her client on speaking to the media.

Shortly after the National Post reported on McClintic’s applicatio­n Tuesday, Rodney Stafford took to Facebook to express his anger.

“Unfair treatment is what Canadians are suffering daily based on our own government and correction­al systems continued injustices,” he wrote.

In a follow-up message, he suggested the family was willing to fight McClintic over her requests.

“Can anyone recommend a real hard ass lawyer with heart willing to fight for the people of Canada and the Stafford family?” he wrote.

In response to the Post’s story, Conservati­ve MP Glen Motz, asked Goodale in the House of Commons Tuesday to ensure McClintic doesn’t get taxpayer money for her legal challenge and will keep her behind bars.

“You can be assured,” Goodale replied, “that the government of Canada will very strongly defend its position.”

 ??  ?? Terri-Lynne McClintic
Terri-Lynne McClintic

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