•••

REVIEWED
Pa ro le B oard
of Canada

By DC at 10:02
Commission de s li berations
condit ionne ll es du Cana da

am, Oct 05, 2018

Personal Information Bank PBC-CLCC PPU 005

DECISION SHEET
ACCESSED
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NO EXEMPTION(S)
CCRA s . 144(2)
PAROLE BOARD OF CANADA
DE CI SION

OFFENDER INFORMATION :

Na me : DYCK, JESSIE ROBERT

TYPE OF REVIEW :
FULL PARO LE - PRE RELEASE (PAPER)

DAY PAROLE - PRE RELEASE (PAPER)

PANEL INFORMATION:
OBSERVER (S) PRESENT (except during deliberations) : NO ASSISTANT PRESENT : NO
EXCLUDED FROM PART OF HEARI NG : NOT APPLICABLE ELDER /ADVISOR : NO
REASON : NOT APPLICABLE

FINAL DECISIONS :
FULL PAROLE - PRE RELEASE DENIED 2018-09-27

DAY PAROLE - PRE RE LEASE GRANTED 2018-09-27

Day parole is granted upon availabil ity of bed space at a oommunity residential facility for a period of six months.

LEAVE PRIVILEGES:

LEAVE PRIVILEGE FOR DAY PAROLE· PRE RELEASE - REGULAR

AS PER CBRF AND PBC POLICY
As per the communtty-based reside ntial faci lity or other residential facility rules and regulations, not to exceed Parole
Board of Canada policy.

SPECIAL CONDITIONS :

FPS : Name : DYCK, JESSIE ROBERT File No

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DAY PAROLE- PRE RELEASE

Condition Status

NOT TO CONSUME ALCOHOL IMPOSED

Not to consume, purchase, or possess alcohol .

AVOID PERSONS - VICTIM(S) IMPOSED

No direct or indirect contact with any member of the victim 's family unless
commun ications are necessary for the purposes of judicial procedures, mediation
sessions or other such reqLirements, with prior written permission from your parole
supervisor.

PROVIDE URINALYSIS IMPOSED

Submit to urinalysis on demand, at regular intervals or where the parole supervisor has
reasonable grounds to suspect that the condilim not to consume alcohol has been
breached.

REPORT RELATIONSHIPS IMPOSED

Immediately report all intimate sexu,;11 and non-sexual relationships and friendships
with females to your parole supervisor.

FOLLOW TREATMENT PLAN IMPOSED

Follow a treatment plan / program to be arranged by your parole supervisor to address
alcohol abuse, personal/emotional factors that contribute to anger and domestic
violence .

PREVIOUSLY IMPOSED SPECIAL CONDITION(S) STILL IN EFFECT : NOT APPLICABLE

NEW INFORMATION SHARED WITH THE OFFENDER: NOT APPLICABLE

REASONS FOR DECISION(S) :

Mr. Dyck, the Parole Board of Canada (the Board) reviewed your case by way of an in-office
review to make a decision about your day parole and full parole. The Correctional Service of
Canada (CSC) has recommended that day parole and full parole be granted.

To make its decision, the Board must determine whether you will not, by reoffending , present an
undue risk to society before the expiration of your sentence. The Board must also consider
whether your release will contribute to the protection of society by facilitating your reintegration
into society as a law-abiding citizen .

Applying these criteria to the factors in your case, the Board grants day parole for a period of
six months and denies full parole. The Board describes its reasons below.

At the age of 29 you are serving a provincial sentence of 1 year, 7 months, and 15 days for
Manslaughter - All Others. At sentencing , the Court imposed a DNA Order, a Lifetime Weapons
Prohibition Order, and a three year Probation Order.

In February 2016, you and your 19-year-old common-law spouse of two years were involved in a
domestic dispute. When the police arrived, it was observed that you were both intoxicated. Your
victim denied being physically assaulted, nonetheless, the police took your victim to her mother's
residence for the night. The police were later called back to your residence where your common-
law was found unconscious laying on the floor with injuries to her neck and back with glass all
around her. She was taken to the hospital where she was later declared brain dead and was
taken off life support. The autopsy revealed that there was brain trauma to the right side of the
head, hemorrhaging in the neck, bruises on the head and face (which was believed to be from

FPS : Name : DYCK, JESSIE ROBERT File No

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multiple falls or blows) , and a scrape or cut on the neck that was determined to be superficial.
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There are three Victim Impact Statements (VISs) that describe the harm caused by your actions.
Serious harm as defined by law was deemed to have occurred and the Board took this into
consideration when making its decision .

You reported that you had been arguing about her infidelity, and had asked your victim to leave,
but instead she called the police. After she was taken to her mother's home, you continued to
argue over the phone. You threw some of her things outside and then passed out on the couch .
You awoke to her punching you in the face . You continued to argue and you told her to leave.
During the argument you pushed her and she fell back hitting her head . You could not find your
phone so you went to a neighbour's home to get help and called 911 .

You were released on bail for your current offence and remained in the community for
approximately two years. Conditions of bail included curfew, absta in from alcohol , not to enter a
licensed establishment and no contact with witnesses. You stated you were charged with a breach
when the police came to do a curfew check at 0230 hours and you failed to answer the door
because you were sleeping . You advised that you received an absolute discharge for the offence.
It was reported that you lived with your mother, paid rent, and maintained employment while on
bail.

Your criminal history consists of a prior conviction from 2014 for Failure to Comply With
Recognizance or Undertaking. You were also placed on a peace bond for a year after a former
girlfriend reported to police you had assaulted her. File information indicates that you portray
yourself as being a victim and that your partners were the aggressors.

Since your incarceration there have been no reports to indicate that you had any institutional
adjustment issues and you have not incurred any institutional charges.

You were raised by your parents until their separation when you were approximately 12-years-old,
in an environment free of abuse. You are close with your mother and not so close with your
father, and maintain contact with both of them .

You have a daughter with a previous spouse who you paid maintenance for. You reported that
there was alcohol and physical abuse present in the relationship . You reported that there was a
peace bond placed after you had shoved her. You have been convicted for the death of your
most recent spouse. File information indicates that police had attended your residence previously.
The Spousal Assault Risk Assessment (SARA) was applied and indicated a need for high intensity
programming .

You started to drink alcohol at the age of 18 and would drink generally on the weekends, and
occasionally after work. You disclosed that you had drank a " mickey" of whiskey on the night of
your offence; however, you advised that this was not a normal occurrence. You report to last
using drugs in 2015, and that you only used sporadically.

You completed high school and reported being suspended once. You have been employed in the
oil industry as a labourer and have a Class 1 licence. Prior to the offense you had not been
working for approximately one and a half to two years due to the economic downturn. You worked
as a truck driver hauling grain and gravel while on bail and believe you can return to work with
them when once released .

The CSC has assessed your dynamic factors as medium. The area of marital/family is high need
for improvement. Substance abuse and personal/emotional are moderate need areas. Your

FPS : Name : DYCK, JESSIE ROBERT File No

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motivation level and reintegration potential are medium , and your accountability is high . You are
assessed as engaged in your Correctional Plan .

The Board received your certifications for the Addictions Awareness Course , an educational
Anger Management Course , and the Pre-Release Planning Courses.

Your plan for day parole is to reside at a community residential facil ity (CRF). Both CRFs in the
area where you will reside have accepted you pending bed space availability. You do not have
confirmed employment. You intend to seek out treatmenUprogramming to help address the
dynamic risk factors that were identified in your Correctional Plan that contributed to the index
offence.

Your plan for full parole is to reside with your mother at her residence in another province ; there is
a positive Community Assessment (CA) on file for her. You have confirmed employment and
there is a letter on file from your former employer indicating they may re-hire you, depending on
economic conditions. You have listed friends and family as community supports ; there are
support letters on file from family members, as well as a letter from your family to your victim's
family.

Mr. Dyck, your violent criminal actions caused the death of your common-law. File information
indicates that you have had several problematic relationships and your domestic strife is
exacerbated by substance abuse, and problems managing your emotions. You can become very
angry and will act impulsively. However, file information also indicates that you are remorseful for
what you have done and are willing to attend any program / treatment options that will help you
address the reasons why you committed your offense. You have already taken some programs
which support this assertion . The Board took into consideration the fact that you completed a
lengthy period of bail with minimal difficulty, and you have a limited prior criminal history. You
have a high school education , a work history, positive supportive friends and family , and no issues
with drug addiction. You also have the support of the CSC who perceive you as being engaged in
your Correctional Plan . Finally, the Board has reviewed your release plan on day parole and
believes if you follow through with your intentions your reintegration back into society will be
facilitated .

Based on all of the information above , the Board is satisfied that you will be manageable on a day
parole release. The Board concludes that your risk to society would not be considered undue if
you were to be released on day parole and abide by your special conditions and that your release
will contribute to the protection of society by facilitating your reintegration into society as a law-
abiding citizen . The Board is of the opinion that your release plan on day parole is sufficient to
address your dynamic risk factors and this type of release will provide you with the opportunity to
solidify your reintegration plans under a structured environment prior to a less structured
conditional release on full parole. Day parole is granted upon availability of bed space at a
community residential facility for a period of six months.

Full parole , as an expanded form of conditional release , is denied at this time because you have
not yet had the opportunity to develop stability and credibility on any form of unsupervised release .
The Board acknowledges that community parole recommends that the Board grant full parole , but
you will first have to demonstrate to the satisfaction of the Board that you have the ability to
address your target areas of need , and behave pro-socially in the community while following the
expectations of release on day parole and your special conditions . You are a young , impulsive
male who has violently taken the life of another person . You require treatmenUcounselling and
close supervision post-release before being considered for full parole . Your risk to society on full
parole is considered undue by the Board .

FPS : Name : DYCK, JESSIE ROBERT File No

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Overnight leave while on day parole is not restricted . You have demonstrated the ability to abide
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by release conditions while on bail and leave will also permit you to make visits to your full parole
release destination where you can begin to register for ongoing participation in counselling or
treatment as needed .

The Board has considered all available information that is relevant to your case, including all
information and recommendations provided by the CSC. The Board is imposing the following
conditions to manage your risk in the community. They are both reasonable and necessary in
order to protect society, and to facilitate your successful reintegration into society. They must
remain in effect for the duration of your day parole (unless modified or removed by the Board) to
ensure your risk can be managed .

You are to have no direct or indirect contact with any member of the victim's family unless
communications are necessary for the purposes of judicial procedures, mediation sessions, or
other such requirements, with prior written permission from your parole supervisor. This condition
is considered reasonable and necessary in order to protect the victim / victim's family from
continued harm, duress, and re-victimization.

You are reported to act impulsively and violently when under the influence. Moreover, alcohol is
identified as a contributing factor to your offending . You are not to consume, purchase, or
possess alcohol. In addition, you are to submit to urinalysis on demand, at regular intervals, or
where your parole supervisor has reasonable grounds to suspect that the condition not to
consume alcohol has been breached.

You are to follow a treatment plan/ program to be arranged by your parole supervisor to address
alcohol abuse, personal/emotional factors that contribute to anger, and domestic violence. File
information reports that you experienced depression and anxiety since the index offence.
Counselling to address any personal/emotional factors, substance abuse , domestic violence, and
anger management will provide you with the understanding and skills to reduce your risk in the
future .

Given the nature of your offences, to reduce the risk to others, you must immediately report all
intimate sexual and non-sexual relationships and friendships with females to your parole
supervisor.
DECISION(S) AND VOTES :

FULL PAROLE - PRE RELEASE DENIED 2018-09-27

Board Member Vote Vote Date

MARKESTEYN, T DENIED 2018-09-27

BURCH, F DENIED 2018-09-27

DAY PAROLE - PRE RELEASE GRANTED 2018-09-27

Board Member Vote Vote Date

MARKESTEYN, T GRANTED 2018-09-27

BURCH, F GRANTED 2018-09-27

FPS : Name : DYCK, JESSIE ROBERT File No

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SIGNATURES:

MARKESTEYN, T Board Member Signature Date

BURCH , F Board Member Signature Date

FPS : Name : DYCK, JESSIE ROBERT File No

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