Sex offender released on bail, must stay in Whitehorse after First Nation's outcry

A Yukon judge has released convicted sex offender Christopher Schafer on bail, with several conditions including one that requires Schafer to live in Whitehorse — and not Old Crow, Yukon.

The decision replaces an earlier court order that would have seen Schafer released from jail in Whitehorse to fly back to his home community of Old Crow. That earlier order prompted an outcry from the Vuntut Gwitchin First Nation, which said Old Crow was not prepared to welcome Schafer back on such short notice.  

At a hearing on Wednesday, Yukon Territorial Court Chief Judge Michael Cozens agreed to bail conditions that would require Schafer to stay at a residence in downtown Whitehorse on release. The conditions also stipulate that Schafer cannot leave the residence without permission of his bail supervisor, and that he cannot leave the house after consuming alcohol. He's also banned from possessing firearms, is subject to a no-contact order and must attend counselling.

Schafer, 45, has a criminal history of violent sexual assaults and other assaults spanning more than 20 years, including a vicious attack in Old Crow in 1999. He also has recent charges of assault, forcible confinement and uttering threats in Whitehorse. He has been in custody at the Whitehorse Correctional Centre. 

'No legal impediment'

The original release order for Schafer was issued Friday by a Justice of the Peace in Yukon Territorial Court. Crown lawyer William McDiarmid told court this week that it seemed at the time to be an "ostensibly reasonable plan." 

The Vuntut Gwitchin Government disagreed and promptly declared a state of emergency to make it illegal for Schafer to set foot on its lands. Vuntut Gwitchin Chief Dana Tizya-Tramm accused the court of putting his community at risk, and ignoring its wishes and the role it would play in Schafer's reintegration.

Tizya-Tramm has since asked for public apologies from both the federal and territorial justice ministers, and for a public inquiry into how the original release plan for Schafer came about.

Addressing the court on Wednesday, Cozens said the court last week did not have all of the relevant information before agreeing to the original plan. Cozens also said there was at the time "no legal impediment" to Schafer returning to Old Crow on release.

Cozens suggested that the case had prompted a lot of "misinformation" in the public sphere, and that it threatened to undermine public confidence and the administration of justice. He asserted that the court must remain independent.  

Speaking to reporters after Wednesday's court hearing for Schafer, Tizya-Tramm said the First Nation's position has not changed. He argues that the justice system is not sensitive to the realities of communities like his, which lack resources and social supports to help reintegrate offenders and also support victims.

"What we're doing here is we're identifying major gaps and we're identifying breakdowns. We're identifying the bridges that are not in place where individuals are left to to navigate this on their own," he said.