A woman currently serving a life sentence for her part in the killing of Woodstock, Ont. girl Tori Stafford is seeking compensation while objecting her transfer from a healing lodge back to a medium security prison.
Documents filed in an Alberta courthouse on Tuesday detail an application submitted by Terri Lynne McClintic that disputes the transfer from a healing lodge in Saskatchewan to the Edmonton Institution for Women on Nov. 8, 2018.
After spending four years at the Grand Valley Institution for Women near Kitchener, McClintic was transferred to the healing lodge back in December 2017, which sparked public outcry.
She has now returned to the women’s prison near Kitchener.
McClintic pleaded guilty in 2010 to first-degree murder for her part in the eight-year-old girl’s death.
Tori Stafford was lured from her school in Woodstock, Ont. in 2009 and then driven to a field where she was sexually assaulted and murdered.
McClintic’s former boyfriend, Michael Rafferty, was convicted of kidnapping, sexual assault causing bodily harm and first-degree murder in the case back in 2012. He is also serving a life sentence.
Tori Stafford’s father, Rodney Stafford, said the reversal of the decision on where to keep his daughter’s killer in 2018 was great to hear.
“I’m ecstatic,” he told CP24 at the time. “It’s a great feeling to know that justice is going to be served.”
Now, McClintic is challenging the reversal.
On April 30, the 28-year-old filed an application saying she “experienced a loss of residual liberty as a consequence of being transferred from the lodge.”
In the application, McClintic said the decisions which led to her loss were “unreasonable and procedurally unfair and therefor unlawful.”
On Tuesday, Rodney Stafford said McClintic “doesn’t deserve a penny.”
“Every one of us in my family lost our lives that when we lost Victoria,” he said. “We lost Victoria, we lost our rights, we lost a lot of things so her claiming that she has lost her liberty is kind of heartbreaking. It’s nonsense and she needs to serve her punishment that was imposed by the judge.”
“My family doesn’t deserve this – we have suffered enough.”
The application asks the court to decide whether or not McClintic’s transfer warrants compensation. It has been reviewed by the court but “potential issues” were identified, including if an Alberta court has jurisdiction to hear the application and if the application is supported by evidence.
“It appears that McClintic’s application is not currently support by any evidence,” the document reads. “There are no facts before the court.”
“I therefore conclude that, on its face, the application is potentially one which is defective and is potentially subject to be struck out.”
The court said it is implementing a “show cause” process to decide whether the application should be “struck out.” The application can be “struck out” if it is “unmeritorious, has no prospects of success, or is otherwise abusive and vexatious.”
The application is currently stayed until further notice.
If the decision to strike out the application is made then McClintic would have the opportunity to respond by providing the court with a written submission within 14 days.
If no written submission is received by the deadline then the court will proceed with its final decision on whether or not the application should be struck out. But, if a submission is made, the court has seven days to issue a written reply and then a final decision would be made.
