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Author Topic: 8 Year Old Victoria “Tori” Stafford Missing Since 4/8/09 in Ontario, Canada  (Read 370225 times)
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Northern Rose
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« Reply #520 on: May 20, 2009, 08:11:29 PM »

NorRose does this man not realize what his words are saying about him? Sheesh!

What do you mean youth law  or what have you.

The Young offenders act.  If you are considered a Young offender (not an adult) then you do time in a juvenile facility (take school, do craft, no adults jailed there) and once you turn the age of majority your record disappears....you have no record.  If Rob is still paying child support the I am really scared that Terri-Lynne is considered a minor and will not do any hard time.  The longest they can keep a young offender is until they reach the age of majority, and it may be when she turns 19.  I really hope that at 18 you are considered an adult in Ontario according to the Young offenders act.  Each province is different with age that a young offender turns to adult last I heard.

Found this on the YOA:
With the 1984 coming into force of the Young Offenders Act (the "YOA"), Canada's treatment of criminal activity by adolescents underwent a marked change. The Act replaced the 1908 Juvenile Delinquents Act (the "JDA") which exemplified what has been described as the "welfare" model of dealing with young offenders. That is to say, youth were not to be treated as criminals but rather, in the words of the Act, as "misdirected [children]... in need of aid, encouragement, help and assistance." Informality and flexibility were the hallmarks of the JDA - the aim was to mitigate the strict application of the criminal justice system so as to permit social intervention to "save" the child. The unintended results, however, were often arbitrariness, unfairness, and neglect of the interests of youth, consequences of the discontinuity between the ideals expressed in the JDA, and the actual delivery of services to juveniles. Moreover, juvenile delinquents were denied basic elements of due process: such things as a clear right to counsel, rights of appeal, and definite, as opposed to open-ended, sentences.

The YOA adopts what is known as the "justice" model of juvenile criminal justice. It recognizes the special needs and vulnerability of youth, but also places emphasis on both protection of the public and the rights of young people. The result is a considerably more detailed and explicit code governing criminal proceedings against youth. The emphasis is less on social intervention, and more on the delineation of rights and obligations.

The YOA is, on the whole, a procedural rather than a substantive statute: it does not set out a Criminal Code of offences for young people. Rather, it stipulates the procedures to be followed in dealing with adolescent criminality. It applies to all "young persons" between 12 and 18 years of age, 

Young offenders are to be tried by "youth courts," courts designated by the government of a province (or, in the Territories, the Governor in Council) to deal with adolescents. Such courts have jurisdiction where an offence is committed by someone while he or she is a young person. As did the JDA, s. 16 of the YOA makes provision for the transfer of a case to adult court, on the application of the relevant Attorney General, or of the young person, where such is "in the interest of society" having regard to "the needs of the young person." Such transfers can be made only with respect to serious indictable offences (such as murder), and can take place only where the person is alleged to have committed the offence after having reached 14 years of age.

http://www.parl.gc.ca/information/library/prbpubs/8613-e.htm
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no rose colored glasses
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« Reply #521 on: May 20, 2009, 08:17:19 PM »

Thank-you Northern Rose, so there is a way that a youth can be tried as an adult.
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Northern Rose
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« Reply #522 on: May 20, 2009, 08:29:43 PM »

NorRose does this man not realize what his words are saying about him? Sheesh!

What do you mean youth law  or what have you.

The Young offenders act.  If you are considered a Young offender (not an adult) then you do time in a juvenile facility (take school, do craft, no adults jailed there) and once you turn the age of majority your record disappears....you have no record.  If Rob is still paying child support the I am really scared that Terri-Lynne is considered a minor and will not do any hard time.  The longest they can keep a young offender is until they reach the age of majority, and it may be when she turns 19.  I really hope that at 18 you are considered an adult in Ontario according to the Young offenders act.  Each province is different with age that a young offender turns to adult last I heard.
That doesn't sound good, I hope and pray she will not be considered a Young Offender    So I take this to mean, that even if a person that isn't of age can't be tried as an adult like they do in the US?
Between the ages of 16-18 the Attorney General must make application for them to go to adult court.  Prior to 16 they stay in Juvi court.  So a 14 year old can murder but never face adult court.
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Northern Rose
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« Reply #523 on: May 20, 2009, 08:31:21 PM »

I am sorry in advance for this question...but is there wild life out in the area they are looking?

Oh god that makes me sick to think about..

Yes, that is a natural wildlife area.
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Northern Rose
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« Reply #524 on: May 20, 2009, 08:35:40 PM »

is 18 not considered an adult?

I am just reading.  There were so many bills that had first reading and then just died without second reading a vote to pass.  I can not tell if 18 is an adult or 19.  If Rob was still paying child support I am worried that 19 is an adult unless he got screwed over in the support.
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victorian
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« Reply #525 on: May 20, 2009, 08:37:40 PM »

TY guys for the updates. I can't put this together in my mind. They knew each other thru the dogs ?   
Still the police will have alot of answering to do as to why they dragged their feet in releasing the video tape and why they didn't consider her abducted until 10 days after. I know they have to look at the family first. They always do, but, can't they run an investigation that excludes the family? The family was raked over the coals on the blogs, very bad, and in the newspapers.

The amber alert is a great idea, but it is flawed. The "powers that be" know this so why do they not change the rules????
Is the Amber Alert flawed?
Who made the decision that Tori wasn't abducted? That's where the flaw was.

The decisions are made based on the law which says certain things need to have happened in order to call an amber alert. That is where the flaw lies. I think the amber alert needs to be modified to allow for a case by case decision. Obviously an 8 year old child is not going to run away on a whim or go abra cadabra and disappear! sometimes there is not a car involved, and sometimes a child goes willingly with an abductor. 
I see your point, and there certainly needs to be set criteria in place; but I want to know who made the decision NOT to call this an abduction?
Something went very wrong there.
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Northern Rose
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« Reply #526 on: May 20, 2009, 08:45:33 PM »

is 18 not considered an adult?

I am just reading.  There were so many bills that had first reading and then just died without second reading a vote to pass.  I can not tell if 18 is an adult or 19.  If Rob was still paying child support I am worried that 19 is an adult unless he got screwed over in the support.

Finally found the updated legislation.  She is an Adult.  If she was under the YOA we would not know her name as there is a ban on publishing names of youth involved with the courts.
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Northern Rose
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« Reply #527 on: May 20, 2009, 08:51:55 PM »

Six weeks after Ont., girl Tori goes missing, focus shifts to recovering her body

WOODSTOCK, Ont. - After six weeks of restless nights and days consumed by the search for his "baby girl," tears streamed down Rodney Stafford's face as police announced Wednesday that the effort to bring eight-year-old Victoria home safely had become a grim search for her body.
Stafford stared at the television set in his sister Randi Millen's home, almost in disbelief that tireless efforts to keep Victoria's disappearance in the news had come to such a tragic end - abduction and murder charges laid against two people.
Court documents suggest that even before the massive volunteer searches and candlelight vigils, and before her smiling, innocent face was beamed into homes nationwide, the Grade 3 student, known as Tori to friends and family, was already dead.
Tori's 11-year-old brother, Daryn, was taking the news particularly hard, Stafford said.
"His first reaction was: 'So does this mean that I do not get to hang out with my sister anymore? I don't get to see her anymore?"' Stafford said.
Emotions were raw at the courthouse were Michael Thomas C. S. Rafferty, 28, was arraigned on a first-degree murder charge and abducting a child under 16.
One of Tori's uncles lunged at Rafferty and spat out an expletive as the accused was led out by police.
Also arraigned before the court was Terri-Lynne McClintic, 18, who is charged with abduction, and being an accessory for allegedly helping Rafferty elude authorities.
Rafferty and McClintic next appear in court May 28.
The charge sheet alleges the girl was killed on or around April 8, the day she went missing outside her school.
Ontario Provincial Police Det.-Insp. William Renton said McClintic "may be familiar" with Tori's mother, Tara McDonald, but he wouldn't say how the two know each other.
Stafford said he believed the two, who lived only blocks apart, were acquainted through wanting to breed dogs.
"It's my understanding Tara was wanting to breed her dog with Terri-Lynne's mom's dog, something like that," he said.
A source told The Canadian Press that McDonald used to buy Oxycontin from McClintic.
McDonald has admitted to using the narcotic in the past, but has said that she had recently stopped.
A grainy surveillance tape released by police early in the investigation showed Tori being led away by a woman in a white puffy coat the day she went missing.
Community and volunteer efforts to find the girl were extensive. The small community of about 35,000 was plastered with flyers, thousands attended the first of many candlelight vigils and kept hope alive that Tori would soon return home safe and sound.
Oxford Community Police Chief Ron Fraser said Wednesday he had no words of comfort.
"This is certainly not the end that anyone was hoping for," he said.
"There are no consoling words to offer or profound words of wisdom that can make this news easy for anyone to accept."
Fraser and Renton said they couldn't speak to what would have motivated anyone to kill the girl, but Toronto television station CP24 reported police sources saying the girl was abducted for sexual purposes.
Fraser said he hoped the courts would be able to answer the hundreds of questions still remaining, including "why someone would take the life of a beautiful young lady."
Police will work tirelessly until they locate Victoria's "resting place," Renton said.
Although Renton would not say where police search efforts would lead them, recovery efforts were apparently underway in a rural area outside of Guelph, known as Rockwood, about an hour east of Woodstock.
As a police helicopter spent the afternoon criss-crossing a region marked with farmers' fields, ponds and wooded areas for Tori's body, her accused abductors appeared in court.
Rafferty cried during the proceeding, while McClintic, a stocky brunette whose hair was tied in cornrows for her court appearance, was more stoic.
Reached at a home in Woodstock, a woman who identified herself as McClintic's grandmother sobbed as she said she was estranged from the woman's mother Carol and her grandchildren.
"(Carol) was a stripper and she knew the wrong people and she wasn't treating Terri-Lynne right."
Rafferty's neighbours said he either lived with his mother or his parents. People in the surrounding houses didn't know them well, with most saying they kept to themselves.
Aaron Mabey, 20, lives next door and said he saw several police officers outside the house Tuesday night around 11 p.m.
He helped search for Tori in the early days of her disappearance, and said it makes him feel physically ill to know the suspect lived right next door.
Jen Burchat who lives a few doors down from the Rafferty house said she's shaken because she let her children play outside the home.
"(I'm) shocked that it could happen so close to home," said Burchat, a mother of four who runs a daycare out of her home.
A profile on an online dating website bearing Rafferty's name and photo also included a posting under a section entitled "about me."
"I am one of the good guys," the posting reads. "I want someone to spend the rest of my life with and someone who I can make happier then they have ever been."
When she was in her early teens, McClintic lived in Parry Sound, Ont., and played on a girl's hockey team.
"She was a good hockey player and she always seemed really nice and easy going," said Brittany Trudeau, who was assistant coach for the Phantom Bantam hockey team in 2005.
In his sister's home, Stafford watched in anger as police mentioned the names of the suspects, but his anger turned to grief when his daughter's picture flashed on the screen and he couldn't hold back his tears any longer.
Stafford said the family is helping Daryn cope by keeping him occupied with activities such as paintballing.
After her daughter had been missing for some time, McDonald began holding daily news conferences to keep the story in the media spotlight and, on a number of occasions, vigorously denied rumours swirling in the community, including one that her daughter was kidnapped over a drug debt.
At one point McDonald was confronted with the allegation that she looked like the woman in a composite sketch released by police - a suggestion she called laughable.
On Wednesday she largely kept to the home she shares with her boyfriend James Goris and Daryn and where Tori lived as well. Her mother was briefly outside the home, carrying a puppy she said she had bought for Tori. But now that she knows her granddaughter won't be coming home to greet the puppy, she said she has named it Victoria.
Tori's paternal grandmother, Doreen Graichen, watched the police news conference with Rodney Stafford, her son, and her jaw dropped open in shock as police talked of an acquaintance between McClintic and McDonald and buried her head in her hands.
"For the past 40 days you feel like you die inside every day," she said later. "Now it's just heartwrenching, hurtful, nauseating and I just don't want to believe any of it."
Although her granddaughter was likely already dead when she attended candlelight vigils and balloon launches, Graichen is still grateful for the community support.
She also said she is glad about the arrests, but "it doesn't bring my granddaughter back."
When Rafferty was led out of the courthouse in handcuffs, his shirt pulled over his head, Tori's uncle Rob Stafford broke through the waiting media, took a step toward Rafferty and shouted the expletive at him. Stafford was held back by police.
Later he said all the emotions of the past six weeks just came to a head when he saw Rafferty.
His younger brother Rodney Stafford said on one hand he's glad his brother's outburst didn't go any further, but on the other hand he wishes his brother had gotten a crack at the man accused of killing Tori.
The relationship between the two accused was unclear, and police would not elaborate.
For the past six weeks, police remained tight-lipped about the investigation, but McDonald's daily briefings revealed a number of strange twists in the case. McDonald accepted a ride in a limousine to meet a mysterious benefactor in a Toronto hotel who offered to pay any ransom demand. The family also sought the help of a psychic.
Family members, including McDonald and Stafford, also spoke openly about having taken lie-detector tests.
The principal and a team of traumatic events counsellors delivered the tragic news to students class by class Wednesday morning at Oliver Stephens Public School, where Tori was a student.
A letter was also sent home to parents and they were invited to take their children home if they desired.
"Everyone's very upset," said Bill Tucker, director of education for the Thames Valley District School Board, adding counsellors will remain at the school as long as necessary.
"As a school, both staff and students, we've just been rocked to the core of our very being with this."

http://www.eastottawa.ca/article-cp201864819-Six-weeks-after-Ont-girl-Tori-goes-missing-focus-shifts-to-recovering-her-body.html
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Tracygirl
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« Reply #528 on: May 20, 2009, 08:52:42 PM »

Victorian from what I have learned from the Sandra Cantu case, the police do not have the discretion to call and amber alert until certain criteria have occurred. As with Sandra, it wasn't called because they couldn't call it an abduction, it was a missing persons case. It is frustrating and in my opinion, dangerous.

I am not sure if saying LE is wrong is enough, the law is flawed and LE in Canada like the US are bound by laws. The law needs to be modified, everyone knows it but nothing is being done or at least from what I can tell. Why? That is the true question that needs to be answered, imho
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Tracygirl
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« Reply #529 on: May 20, 2009, 08:54:27 PM »

is 18 not considered an adult?

I am just reading.  There were so many bills that had first reading and then just died without second reading a vote to pass.  I can not tell if 18 is an adult or 19.  If Rob was still paying child support I am worried that 19 is an adult unless he got screwed over in the support.

Finally found the updated legislation.  She is an Adult.  If she was under the YOA we would not know her name as there is a ban on publishing names of youth involved with the courts.
Thank god! Thank you for checking on that Nor Rose
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Northern Rose
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« Reply #530 on: May 20, 2009, 08:59:34 PM »

is 18 not considered an adult?

I am just reading.  There were so many bills that had first reading and then just died without second reading a vote to pass.  I can not tell if 18 is an adult or 19.  If Rob was still paying child support I am worried that 19 is an adult unless he got screwed over in the support.

Finally found the updated legislation.  She is an Adult.  If she was under the YOA we would not know her name as there is a ban on publishing names of youth involved with the courts.
Thank god! Thank you for checking on that Nor Rose

You can say that again.  Under YOA longest they can serve for a serious offence is 7 years with only 3 incarcerated.  I would be so very pizzzed right now if that was the case.
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Northern Rose
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« Reply #531 on: May 20, 2009, 09:06:58 PM »

News update on Newsnet

OPP still searching.

Investigators suspect Tori was murdered within hours of being abducted.

Neighbour of McClintic may have given police tip they needed.  He told them that she had a new haircut and threw out her white coat.

Reporter at OPP in Rockwood - confirms handcuffed woman was taken in OPP chopper and taken to the lake.  No police activity at OPP headquartersin past hour.  Chopper landed back at OOP about 1 1/2 hours ago .  Then took off again with cars following.  Nothing since then.  Chopper has not come back to OPP and police will not say if it landed somewhere else for the night or is still searching. 

Rafferty has a young son of his own, about 1 year younger then Tori.
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Northern Rose
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« Reply #532 on: May 20, 2009, 09:08:10 PM »

I am going to watch Idol.  Not sure if I will be back tonight.
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Tracygirl
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« Reply #533 on: May 20, 2009, 09:11:09 PM »

I am going to watch Idol.  Not sure if I will be back tonight.

Thank you nor rose so much for all of the posting today. You are one awesome monkey!

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klaasend
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« Reply #534 on: May 20, 2009, 09:11:18 PM »

I think her body has been found. 

Edited to add:  Maybe a false alarm
« Last Edit: May 20, 2009, 09:21:09 PM by klaasend » Logged
no rose colored glasses
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« Reply #535 on: May 20, 2009, 09:56:20 PM »

I think her body has been found. 

Edited to add:  Maybe a false alarm
Thank-you, I sure hope it has been found, her family has suffered way to much  an angelic monkey
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« Reply #536 on: May 20, 2009, 10:38:30 PM »

http://www.facebook.com/s.php?q=Terri+M&init=q&sid=f108b1cc62c4a060bfd4854c28710cc8#/group.php?gid=29848677145


Here is Terri's FB page. She was one disturbed young woman from her pictures and postings.
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« Reply #537 on: May 20, 2009, 10:40:49 PM »

It looks like the last time TLM posted anything on her FB was April 8 at 1:37pm and 1:38pm. About two hours before Tori went missing, she asked two people for their phone numbers.

You need to change your network to London, ON network to view, btw. Under your profile.
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« Reply #538 on: May 20, 2009, 11:01:26 PM »

It looks like the last time TLM posted anything on her FB was April 8 at 1:37pm and 1:38pm. About two hours before Tori went missing, she asked two people for their phone numbers.

You need to change your network to London, ON network to view, btw. Under your profile.

I don't like Facebook, it is confusing. where can I find the place I change the network?
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« Reply #539 on: May 20, 2009, 11:18:40 PM »

It looks like the last time TLM posted anything on her FB was April 8 at 1:37pm and 1:38pm. About two hours before Tori went missing, she asked two people for their phone numbers.

You need to change your network to London, ON network to view, btw. Under your profile.

I don't like Facebook, it is confusing. where can I find the place I change the network?

#
1

Sign in to your Facebook account.
#
Step 2

Click "settings" in the top right corner, then choose account settings, click the network tab and add/change.
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