Eby says Canada's not-criminally-responsible system re-victimizes families

B.C. Premier David Eby listens to a speaker at a closing news conference of a meeting of western premiers in Kananaskis, Alta., Tuesday, May 26, 2026. THE CANADIAN PRESS/Jeff McIntosh

The provisions in the Criminal Code related to people found not criminally responsible by reason of mental disorder have resulted in a system that re-victimizes the family of three murdered children, BritishColumbia Premier David Eby said.

The premier’s comments on Friday come days after the British Columbia Review Board granted Allan Schoenborn, also now known as Ken John Johnson, a conditional discharge.

Eby said it was an “unbelievable and deeply disturbing case that shook British Columbians to the core.”

Schoenborn was found not criminally responsible for the first-degree murders of his three children — five-year-old Cordon, eight-year-old Max, and 10-year-old Kaitlynne — at their Merritt, B.C., home in 2008.

• Related: B.C. child killer Schoenborn’s conditional discharge baffling, says family spokesman

“The not criminally responsible by reason of mental disorder provisions under the Criminal Code have resulted in a system that continually re-victimizes the family that was affected by Mr. Schoenborn’s horrific crimes,” Eby said.

“The system is not working. And we need to make sure that the family members who are living with the consequences of Mr. Schoenborn’s actions are supported better than they are currently under this federal regime.”

The children’s mother, Darcie Clarke, died in 2019. But the review board has ordered Schoenborn not to have any direct or indirect contact with three others who are only identified in the disposition by their initials.

Under the board’s ruling, Schoenborn will report to a psychiatric clinic and live under supervision, but he must return to the Forensic Psychiatric Hospital in Coquitlam, B.C., if ordered to do so.

The board has yet to release its reasons for making the ruling.

Schoenborn cannot possess a firearm or weapon, use alcohol, cannabis or prohibited drugs, and he must submit to alcohol and drug testing.

A representative for the family of the murdered children called the decision to grant the conditional discharge “baffling,” saying Schoenborn is “more evil than he is ill.”

Eby said he will be contacting the federal government about his concerns with the process.

“It is, I think, disturbing to many British Columbians that Mr. Schoenborn is going to be able to essentially walk free right now and it’s a troubling outcome for a deeply disturbing case and I think evidence that this system needs a serious look from the federal government.”

This report by The Canadian Press was first published June 6, 2026