Benjamin Perrin is a professor of law at the Peter A. Allard School of Law at the University of British Columbia and Munk Senior Fellow at the Macdonald Laurier Institute for Public Policy. He was an adviser and in-house legal counsel in Prime Minister Stephen Harper’s office and was a law clerk at the Supreme Court of Canada. Terri-Lynne McClintic pleaded guilty in 2010 to the first-degree murder of eight-year-old Tori Stafford. It was a brutal killing that shocked Canadians. For this heinous crime, she was sentenced to life imprisonment with no chance of parole for 25 years. We’re now facing the disturbing prospect of politicians – rather than courts and corrections officials – deciding where and how she serves her remaining time. Ms. McClintic, who is Indigenous, was classified in 2014 as a medium-security prisoner. She was reportedly transferred in December, 2017, to the Okimaw Ohci Healing Lodge in Saskatchewan, which is a corrections facility run by Correctional Service of Canada for minimum- and medium-security female offenders. This has created a political firestorm and understandable calls by the Stafford family to reverse the decision. Story continues below advertisement Public Safety Minister Ralph Goodale has asked the corrections commissioner to review the transfer decision, which is a reasonable and appropriate response. But Opposition Conservative Leader Andrew Scheer’s motion - which was rejected Wednesday - called on the House of Commons to demand that the federal government order Ms. McClintic be sent back to a traditional penitentiary. Mr. Scheer wanted politicians to have the power to single out a particular offender and decide how they get treated. That approach, which may well stir up voters, raises some serious concerns. This is the antithesis of how our democracy works, based on centuries of hard-learned lessons about limits on the abuse of state power. In our democracy, elected legislators make criminal and corrections laws that are of general application. Those laws apply equally to everyone. Then criminal justice professionals – whose jobs are not dependent on winning a popular vote – including judges, Crown prosecutors, police, wardens and parole boards apply those laws in the cases of specific individuals. There are important reasons for this divided responsibility. The separation of powers between legislators and judicial and administrative decision-makers is vital to safeguard the rule of law. To stay the hand of vengeance is not easy. That’s why we have an independent justice and corrections system that’s insulated from political pressures. Political interference in the administration of justice is a disturbing phenomenon we see in other countries. It leads to things such as political leaders telling the police who to arrest or ignore, prosecutors who to charge, judges who to find guilty, and wardens how to treat certain prisoners. There’s a populist calculus that doing so can gain favour with the electorate, yet it profoundly undermines justice and democracy. Mr. Scheer’s motion brings to mind the Supreme Court of Canada’s landmark 1959 decision in Roncarelli v. Duplessis. The decision is about politicians intervening in administrative decision-making for their own purposes. In that case, then-Quebec premier Maurice Duplessis singled out Frank Roncarelli and had his restaurant’s liquor license revoked. The court found it was because Mr. Duplessis wanted to suppress Jehovah’s Witnesses, of which Mr. Roncarelli was a prominent member. Mr. Roncarelli sued and won. And this was before the existence of the Canadian Charter of Rights and Freedoms. In that decision, which affirmed the rule of law over the whims of politicians, Justice Ivan Rand wrote: “there is no such thing as absolute and untrammelled ‘discretion,’ that is that action can be taken on any ground or for any reason that can be suggested to the mind of the administrator; no legislative Act can, without express language, be taken to contemplate an unlimited arbitrary power exercisable for any purpose, however capricious or irrelevant, regardless of the nature or purpose of the statute.” Simply put, governments don’t get to treat certain individuals differently than others by singling them out for worse or better treatment. Story continues below advertisement If Canadians are not satisfied with laws that allow medium-security prisoners to serve their time in Indigenous healing lodges, then those laws can be changed. I don’t suggest that be done. There’s massive overrepresentation of Indigenous people in jail. Healing lodges are part of addressing that serious problem and provide programs to support rehabilitation, since most people convicted of serious crimes, including murder, are eventually released and will need to reintegrate into society. And Correctional Service of Canada has said that the living conditions in healing lodges are comparable to other medium-security facilities. I don’t know if allowing Ms. McClintic to serve her sentence at a healing lodge was the right decision. We know nothing of the past eight years of her incarceration, current risk profile, or rehabilitative prospects. A review of the decision, as requested by Minister Goodale, is the right approach. Going further and politically intervening to dictate where and how she serves her remaining sentence would set a dangerous precedent.<doc-sep>Send this page to someone via email Rodney Stafford has a message for Prime Minister Justin Trudeau: “God bless and I pray for you to do the right thing, which is to ensure this justice is reversed and a child killer is returned to prison to finish her sentence behind bars!” The message is contained in a Facebook post that Stafford published on Tuesday in response to the news that Terri-Lynne McClintic, who pleaded guilty to first-degree murder in his daughter Tori’s murder, has been transferred from an Ontario prison to a healing lodge in Saskatchewan. Coverage of Tori Stafford on Globalnews.ca: Story continues below advertisement “I may not have grown up living a perfect life, but I grew up to learn that I love the country I live in and I know right from wrong!” he wrote. “It’s a safe and beautiful country. Now I see so many hearts breaking because people are no longer feeling safety and reassurance within our laws.” He asked why “convicted child murderers such as Terri-Lynne McClintic deserve more rights than their victims and law-abiding Canadians.’ Stafford published the Facebook post one day after he spoke with Global News and said news of McClintic’s transfer made him “sick.” READ MORE: ‘It made me sick’ — father of Tori Stafford speaks up against relocation of her convicted killer Tori was raped and murdered in Woodstock, Ont., on April 8, 2009. Story continues below advertisement McClintic pleaded guilty to her role in the murder in 2010 and was sentenced to life in prison with no possibility of parole for 25 years. Michael Rafferty was convicted of kidnapping, sexual assault causing bodily harm and first-degree murder in Tori’s death and was similarly sentenced to life in prison with no chance of parole for 25 years. View image in full screen Terri-Lynne McClintic, convicted in the death of 8-year-old Woodstock, Ont., girl Victoria Stafford, is escorted into court in Kitchener, Ont., on Wednesday, Sept. 12, 2012 for her trial in an assault on another inmate while in prison. THE CANADIAN PRESS/ Geoff Robins On Thursday, Anne Kelly, the head of Correctional Service Canada, told MPs she was “comfortable” with the decision to move McClintic to a healing lodge. Story continues below advertisement She said this as Public Safety Minister Ralph Goodale pledged a review of the transfer, though he said he doesn’t have the authority to reverse it. “At this point, I am comfortable with the decision, but if through the review any adjustments need to be made, I will ensure they are implemented,” Kelly said. READ MORE: Corrections official stands by decision to transfer McClintic to healing lodge McClintic’s transfer triggered heated exchanges in question period on Wednesday. Conservative public safety critic Tony Clement slammed the federal government over the transfer, noting disturbing details from Tori’s murder and saying, “The prime minister knows full well that he has the power and authority to change this case in an instant. “Why will he not use his power and authority right now to do the right thing for Tori’s family and the right thing for society?” Tweet This Click to share quote on Twitter: "Why will he not use his power and authority right now to do the right thing for Tori's family and the right thing for society?" WATCH: Trudeau slammed about transfer of Tori Stafford’s killer to healing lodge 2:55 Trudeau slammed about transfer of Tori Stafford’s killer to healing lodge Trudeau slammed about transfer of Tori Stafford’s killer to healing lodge – Sep 26, 2018 Trudeau responded that McClintic had been transferred to a medium-security facility in 2014, under the previous Conservative government. Story continues below advertisement “That question needs to be noticed by Canadians and that behaviour needs to be noticed by Canadians,” he said. NDP MP Sheila Malcolmson later said that the Conservatives’ “exploitation of this little girl’s death is sickening.” View image in full screen Rodney Stafford posted a message on Facebook on Tuesday. Global News Stafford expects to hold a rally on Parliament Hill alongside friends and family on Nov. 2. On Thursday, he urged Trudeau to “please take a good look [at the decision]. This could affect any one of your Canadians as well as yourself.” Story continues below advertisement In a statement, the Prime Minister’s Office (PMO) said, “our hearts go out to the family of Tori Stafford for the loss they endured and have lived with these past nine years. No parent should have to experience such a senseless tragedy.” It then forwarded a statement from Goodale saying, “not only is the Commissioner of the Correctional Service examining every dimension of this case to ensure that all laws and all policies as they existed at that time were properly followed, she is also examining the question of whether those policies are in fact the right ones for the proper handling of inmates and to keep Canadians safe. “I will be very anxious to have her conclusions.” Finally, the PMO said the review is being undertaken “in full respect of our independent judiciary system and the rule of law.” — With files from Mark Carcasole and Amanda Connolly<doc-sep>Send this page to someone via email Rodney Stafford, the father of Tori Stafford, said he just wants justice for his daughter after it was announced the girl’s killer, Terri-Lynne McClintic, had been moved from a prison to a much more comfortable Indigenous healing centre. The Conservatives are hammering Justin Trudeau for not reversing this very unpopular decision, which was made secretly several months ago, without the family’s knowledge. The PM responded by calling the Conservatives “ambulance chasers,” and by telling reporters it’s “unfortunate that the House has gotten to a place where there is such use of terrible tragedies for political gain.” That seems a little dramatic, especially after Trudeau recently promised he would keep his politics clean and respectful. READ MORE: Trudeau says 2019 election will be nasty, but Liberals will strike a positive tone Political gain? Story continues below advertisement I can’t see any gain in making political hay out of the brutal murder of an eight-year-old girl. However, I can see the political loss for doing nothing and letting the decision stand, whoever made it. It seems more like an excuse, for his lack of action and sympathy, when it comes to justice for little Tori’s family. WATCH BELOW: Trudeau doubles down on calling Conservatives ‘ambulance chasers’ 0:50 Trudeau doubles down on calling Conservatives ‘ambulance chasers’ Trudeau doubles down on calling Conservatives ‘ambulance chasers’ – Oct 3, 2018 How can anyone look at this horrific case and say justice is being served? The PM must act now. Scott Thompson is the host of The Scott Thompson Show on Global News Radio 900 CHML. Advertisement<doc-sep>The family of a murdered Ontario girl says one of her killers is living at an Indigenous healing lodge in Saskatchewan instead of the maximum-security prison where she had been serving a life sentence. Terri-Lynne McClintic, who was convicted of first-degree murder in the kidnapping, rape and murder of Victoria (Tori) Stafford, 8, in 2009, is now being housed at the Okimaw Ohci Healing Lodge near Maple Creek. She had been serving her life sentence at the maximum security Grand Valley Institution for Women in Kitchener. Correctional Services Canada would not confirm the transfer, citing privacy legislation, but Rodney Stafford, Tori’s father, told CTV London he found out about the transfer after a corrections officer contacted him regarding McClintic’s request for day passes. “The woman had made mention that Terri-Lynne had been moved to Saskatchewan to this healing lodge and I was kind of blown away,” he said. “I wish I had known when she was originally moved.” “Every time things seem to start to get a little bit better…something like this comes along, where you just lose faith.” Okimaw Ohci allows for communal living, according to CSC’s website, and “provides a safe and empowering environment." "A personal life plan is created for each Aboriginal offender outlining what she needs emotionally, physically, and spiritually to help with her rehabilitation. Programs help offenders build the strength they need to make essential changes in their lives. Programs address vocational training, family and children, Aboriginal language, and nature. The women learn how to live independently by cooking, doing laundry, cleaning, and doing outdoor maintenance chores." Tori Stafford’s family and friends are outraged McClintic has been moved and they have planned rally on Parliament Hill for Nov. 2 to protest. “There’s got to be something that we can do to make a difference,” said Cara Adeline Voisin, a family friend who’s organizing the rally. Organizers want to see legislation that would see those convicted to life without parole after murdering children or other vulnerable people serve out life sentences without privileges such as lowered security clearances or day passes. Such legislation was tabled by the Stephen Harper government but not passed. During an interview with CTV’s Power Play on Tuesday, Minister of Public Safety Ralph Goodale said officials consider public safety and the best rehabilitation methods before deciding to transfer an inmate to a lower-security facility. “The prison management officials have determined this is the best way to both rectify her bad practices in the past, but also to keep the public safe,” he said. “The officials that have the professional capacity to make that decision are making it in what they judge to be the best public interest.” Ontario's Correctional Services Minister Michael Tibollo told the legislature on Tuesday that he was “shocked and disappointed” after finding out about the transfer and added he would speak with federal officials in hopes of bringing McClintic back to a maximum-security facility. "Decisions like this made by our federal government can seriously impact the public's confidence in our correctional systems," he said. "My ministry will continue to monitor this matter as it unfolds to see what we can do in this unfortunate situation ... and try to correct what has been done." The brazen kidnapping and subsequent killing of Tori Stafford made headlines across the country after she was lured away from her Woodstock, Ont. school by McClintic, who promised the little girl she would get to see a dog. Police and volunteers scoured the countryside for months looking for the little girl. It was the largest ever missing persons search in Canada at the time. Her body was eventually found buried in a farm field about 100 kilometres away from where she was taken. She was beaten to death with a hammer. McClintic pleaded guilty in 2010 to first-degree murder, although the full extent of her violence only became public during the murder trial of her co-killer Michael Rafferty in 2011. The jury at that trial heard about her violent fantasies and desire to kill, maim and torture others. In 2012, McClintic pleaded guilty to violently assaulting another inmate at Grand Valley. She is not eligible for parole until 2031. With a report from CTV London’s Gerry Dewan<doc-sep>
As the federal Conservatives continue to hammer the Liberal government over the controversial transfer of Tori Stafford’s killer to a healing lodge, the murdered girl’s father says the issue is about morals, not politics. But he said that if raising the issue in Parliament is what it takes for the transfer to be reversed, he’s OK with it. “I don’t believe this should be one of our major political issues. This comes down to morals,” Rodney Stafford told Don Martin, host of CTV’s Power Play, on Wednesday. “There’s no reason why anybody in the House of Commons should be debating any of this. It’s a full-out mistake.” The Conservatives have been criticizing the Liberal government ever since it was revealed in late September that the Correctional Service of Canada had transferred Terri-Lynne McClintic from the Grand Valley Institution for Women near Kitchener, Ont., to the Okimaw Ochi Healing Lodge for Aboriginal Women in southern Saskatchewan. McClintic pleaded guilty in 2010 to first-degree murder in Tori’s death. The eight-year-old was lured away from her Woodstock, Ont., school in April, 2009, before she was raped and beaten to death with a hammer. McClintic’s then-boyfriend, Michael Rafferty, was found guilty of murder, kidnapping and sexual assault in Tori’s death. “I just want justice served. Victoria’s life was taken. She deserves justice,” Rodney Stafford said. The Conservatives forced the Liberals on Wednesday to vote on a motion in the House calling on the government to condemn the McClintic transfer and reverse it. The motion was mainly supported by Conservative MPs, with the government and NDP caucuses voting against. Prime Minister Justin Trudeau called the Tories “ambulance chasing politicians” during an exchange in the Commons. Trudeau doubled down on that accusation after question period. He told reporters that it’s “unfortunate that the House has gotten to a place where there is such use of terrible tragedies for political gain. “The Conservatives are terribly upset that I referred to them as practising ambulance chasing politics, but if they’re upset it’s probably because it sting a bit,” Trudeau said. Last week, the federal government announced it would be reviewing the decision. Public Safety Minister Ralph Goodale announced he has asked the Commissioner of Correctional Service to re-assess the decision to make sure it was done in accordance with policy. Stafford said that although he doesn’t see the transfer of his daughter’s killer as a political issue, he believes that it needs to come before Parliament to force changes in the justice system. “If politicians or certain parties out there are wanting to force the issue, then they’re working with the public and myself,” he told Power Play. “And that’s basically all we want to do. I just want to try to get this reversed.” Stafford, who has written an open letter to Trudeau on his Facebook page, said he would want to talk to the prime minister “parent to parent.” He and others are planning a protest on Parliament Hill on Nov. 2. After the Tory motion on the issue was defeated Wednesday, Conservative House Leader Candice Bergen criticized the government’s response to the McClintic transfer. “It was a bad decision, it was the wrong decision, and the prime minister (needed to) have stated that, and then stated that he would correct it,” she said. Bergen said Trudeau’s government could very easily set a policy that anyone convicted of killing a child could not be in a healing lodge. She accused the prime minister of failing to stand up for Tori’s family.