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Personal Information Bank PBC-CLCC PPU 005 PAROLE BOARD OF CANADA DECISION Page 2 OFFENDER INFORMATION
Personal Information Bank PBC-CLCC PPU 005 PAROLE BOARD OF CANADA DECISION Page 2 OFFENDER INFORMATION

Personal Information Bank PBC-CLCC PPU 005

PAROLE BOARD OF CANADA DECISION

Page 2

OFFENDER INFORMATION :

Name :

Institution :

GAGNON, TYLER EMERSON

FPS :

GAGNON, TYLER EMERSON FPS :
   

FILE NO :

    FILE NO :

TYPE OF REVIEW :

STATUTORY RELEASE - POST REL. (PANEL-VIDEO CONFERENCE)

STATUTORY RELEASE - PRE REL.

(PANEL-VIDEO CONFERENCE)

PANEL INFORMATION :

OBSERVER (S) PRESENT (except during deliberations) :

NO

ASSISTANT PRESENT :

NO

EXCLUDED FROM PART OF HEARING : NOT APPLICABLE

ELDER /ADVISOR :

NO

REASON :

NOT APPLICABLE

FINAL DECISIONS :

STATUTORY RELEASE - POST REL.

REVOKED

2018-09-27

STATUTORY RELEASE - PRE REL.

CHANGE CONDITION

2018-09-27

Special conditions, including residency, are imposed on your statutory release.

LEAVE PRIVILEGES :

LEAVE PRIVILEGE FOR STATUTORY RELEASE - PRE REL.

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

- REGULAR

SPECIAL CONDITIONS :

FPS :

Board of Canada policy. - REGULAR SPECIAL CONDITIONS : FPS : Name : GAGNON, TYLER EMERSON

Name : GAGNON, TYLER EMERSON

File No :

CONDITIONS : FPS : Name : GAGNON, TYLER EMERSON File No : PBC 82 (14-03) OMS
STATUTORY RELEASE - PRE REL. Page 3 Personal Information Bank PBC-CLCC PPU 005 Condition Status

STATUTORY RELEASE - PRE REL.

STATUTORY RELEASE - PRE REL. Page 3 Personal Information Bank PBC-CLCC PPU 005 Condition Status ▪

Page 3

Personal Information Bank PBC-CLCC PPU 005

Condition

Status

NOT TO CONSUME DRUGS

IMPOSED

Not to consume, purchase or possess drugs other than prescribed medication taken as prescribed and over the counter drugs taken as recommended by the manufacturer.

REPORT RELATIONSHIPS

IMPOSED

Immediately report all intimate relationships and friendships with women and any changes in your intimate partner relationship to your parole supervisor.

AVOID CERTAIN PERSONS

IMPOSED

Not to associate with any person you know or have reason to believe is involved in criminal activity and/or substance misuse.

RESIDE AT A SPECIFIC PLACE

IMPOSED

Reside at a Community Correctional Centre or a Community Residential Facility or other residential facility approved by the Correctional Service of Canada.

OTHER SPECIAL CONDITION

IMPOSED

Participate in one to one counseling with an Elder or mental health practitioner to address risk related childhood issues

NOT TO CONSUME ALCOHOL

IMPOSED

Not to consume, purchase or possess alcohol.

OTHER SPECIAL CONDITION

IMPOSED

Not to have any direct or indirect contact with G.C or attend any place of residence, education or employment known to be that of G.C

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

NEW INFORMATION SHARED WITH THE OFFENDER : NOT APPLICABLE

REASONS FOR DECISION(S) :

Mr. Gagnon, you are being reviewed following a suspension of your statutory release.

Warrants of apprehension and suspension were issued on June 13, 2018, after you breached your curfew condition. You remained Unlawfully at Large (UAL) until your arrest on June 18. At the time of your arrest, you were suspected of being under the influence of drugs and alcohol. File information indicates that you may be facing new charges for UAL.

To make its decision, the Parole Board of Canada (the Board) must consider several legal criteria. In order to cancel your suspension, the Board must be satisfied that you will not, by reoffending before the expiration of your sentence, present an undue risk to society. If necessary and reasonable to protect society and facilitate your reintegration into society, the Board may also reprimand you, alter the conditions of your statutory release, or order the cancellation not to take effect until the expiration of a specified period if you have violated the conditions of parole/statutory release on the occasion of the suspension and on at least one previous occasion that led to a suspension of parole or statutory release during your sentence.

However, if the Board is satisfied that you will, by reoffending before the expiration of your sentence, present an undue risk to society, it may terminate your statutory release if the undue risk is due to circumstances beyond your control, or revoke your statutory release in any other case.

FPS :

or revoke your statutory release in any other case. FPS : Name : GAGNON, TYLER EMERSON

Name : GAGNON, TYLER EMERSON

File No :

other case. FPS : Name : GAGNON, TYLER EMERSON File No : PBC 82 (14-03) OMS
Page 4 Personal Information Bank PBC-CLCC PPU 005 Applying these criteria to the factors in
Page 4 Personal Information Bank PBC-CLCC PPU 005 Applying these criteria to the factors in

Page 4

Personal Information Bank PBC-CLCC PPU 005

Applying these criteria to the factors in your case, the Board revokes your statutory release. The Board describes its reasons below.

You are a 34-year-old third time federal offender serving an aggregate sentence of 5 years, 8 months and 28 days for Motor Vehicle Theft, Possess Property Obtained by Crime Under, Mischief in Relation to Other Property, Attempt Indictable Offence, Robbery, Assault Use of Force, and Dangerous Operation of a Motor Vehicle.

In 2012, you threw a rock at a motor home belonging to your mother's boyfriend. You also broke into a residence, stole multiple vehicles, and robbed a bank using a note and indicating that you were in possession of a gun.

Your criminal history is extensive and includes convictions for primarily property and breach of trust offences. You also have convictions for violent offences, including Assault with Intent to Steal, Attempt Armed Robbery, and Robbery with Violence. You have used physical violence, threats of violence, and weapons.

Your history under community supervision is described as poor and you have demonstrated difficulty abiding by conditions. You have also gone UAL and have reoffended. Periods of conditional release during prior sentences were suspended and revoked. In June 2017, the Board revoked your statutory release after you were suspected of being involved in a motor vehicle theft, you crashed an uninsured vehicle during a police pursuit, a urinalysis test returned positive for illicit substances, and you went UAL for approximately 233 days. You also incurred new convictions for Assault Use of Force, and Dangerous Operation of a Motor Vehicle.

Your institutional behaviour has been problematic and during prior federal sentences you were involved in major disturbances, including a riot. You were also found in possession of a weapon, were found under the influence of brew', and fought another inmate. During this sentence, you incurred institutional charges for disobeying rules, disrespectful behaviour, and possession of unauthorized items.

You did not meet the criteria for a psychological assessment at intake; however, one was completed during your first federal sentence. At the time of report, you were assessed as a moderate to high risk to reoffend generally and a moderate risk to reoffend violently.

According to the Initial Elder Review, you spent time in foster care and you indicate that you never felt comfortable or that you belonged. You consistently ran away from the foster homes, although you report that you were adequately provided for and did not suffer any form of abuse while in foster care. You witnessed alcohol abuse and at times your father was physically abusive toward you. Your parents separated and you voluntarily placed yourself in the care of the Ministry. You began using drugs and committing crimes. You report having a positive experience while under bail supervision because it provided you with a positive person who gave you direction; however, once the supervision ended, you returned to prior dysfunctions. You have associated with negative peers and at one point you belonged to a gang. You report that you have since disassociated yourself from the gang. File information suggests that you were not raised within a cultural environment and it does not appear that you participated in cultural or spiritual ceremonies within the institution.

The most recent Correctional Plan Update (Version #5) dated December 28, 2017, identifies substance abuse, attitude, associates, personal/emotional, community functioning, and education/employment as risk domains being in high need for improvement. Marital/family is in no immediate need at this time.

FPS :

Marital/family is in no immediate need at this time. FPS : Name : GAGNON, TYLER EMERSON

Name : GAGNON, TYLER EMERSON

File No :

at this time. FPS : Name : GAGNON, TYLER EMERSON File No : PBC 82 (14-03)
Page 5 Personal Information Bank PBC-CLCC PPU 005 Your statutory release began on June 7,
Page 5 Personal Information Bank PBC-CLCC PPU 005 Your statutory release began on June 7,

Page 5

Personal Information Bank PBC-CLCC PPU 005

Your statutory release began on June 7, 2018, subject to the following special conditions: 1) Not to consume, purchase or possess alcohol; 2) Not to have any direct or indirect contact with GC or attend any place of residence, education or employment known to be that of GC; 3) Not to associate with any person you know or have reason to believe is involved in criminal activity and/or substance misuse; 4) Not to consume, purchase or possess drugs other than prescribed medication taken as prescribed and over the counter drugs taken as recommended by the manufacturer; 5) Immediately report any changes in your intimate partner relationship to your parole supervisor; 6) Participate in one to one counselling with an Elder or mental health practitioner to address risk related childhood issues; and 7) Respect a curfew from 22:00 to 06:00 except for work-related reasons and with your parole supervisor's written agreement.

Prior to your release, you wrote to the Board requesting that a previously imposed residency condition be removed. Following a file review, the Board concurred that you did not require a residency condition and accordingly the condition was removed.

You initially planned to reside with your girlfriend, although this arrangement was not supported due to concerns for her children's wellbeing. As such, you resided in second stage housing. On June 13, 2018, you disregarded your curfew condition by signing out at approximately 2302 hours. The National Monitoring Centre (NMC) was subsequently alerted and warrants were issued. During a conversation with your girlfriend, she told your parole supervisor that prior to you going UAL, the two of you had been in an argument after she confronted you about accessing online dating sites. Your sister also indicated that you had been in contact with her and she suspected you were using drugs. Both your sister and your girlfriend indicate that they are no longer supportive of you and wish to have no further contact with you. On June 18, 2018, a bystander reported seeing you attempting to gain access to parked vehicles. You fled when the police attended, but you were caught and arrested. The police reported that you appeared to be under the influence of drugs and alcohol at the time of your arrest. Of note, while staff were packing your belongings, they located two small plastic bags containing residue from a white substance believed to be illicit drugs.

You declined to participate in a post-suspension interview and you have not provided any written statements to the Board.

For your next period of statutory release, or in the event that your suspension is cancelled, you would like to be released to a city in Alberta or in the Northern Interior of British Columbia. You have no community support in either area, although you indicate that you would like a new start. Screenings have been completed and neither release area is willing to accept you. You are also not supported to return to your previous second stage housing facility. As such, you will be responsible for finding your own accommodations. You will be referred to the Community Maintenance Program as well as any other interventions considered appropriate and necessary. You may also be referred to the Aboriginal Community Liaison Officer for assistance in accessing resources.

The Correctional Service of Canada (CSC) recommends statutory release revoked and is of the opinion that your risk is no longer manageable. You continue to struggle with impulsivity, substance abuse, and abiding by your conditions. You also went UAL and may be facing new charges. The same special conditions are recommended for your next period of statutory release.

At your hearing today your community parole officer confirmed the reasons for the recommendation to revoke your release in a manner consistent with file information. He said that your behaviour in the community shows that you remain impulsive and struggle with managing your emotions. You breached several of your special conditions and went UAL shortly after your

FPS :

special conditions and went UAL shortly after your FPS : Name : GAGNON, TYLER EMERSON File

Name : GAGNON, TYLER EMERSON

File No :

after your FPS : Name : GAGNON, TYLER EMERSON File No : PBC 82 (14-03) OMS
Page 6 Personal Information Bank PBC-CLCC PPU 005 release. Your CMT believe you are a
Page 6 Personal Information Bank PBC-CLCC PPU 005 release. Your CMT believe you are a

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Personal Information Bank PBC-CLCC PPU 005

release. Your CMT believe you are a high risk to reoffend and you have no confirmed accommodation on your next release.

Your institutional parole officer then said that there have been no security concerns or behavioural concerns with you since your return to incarceration.

You then told the Board that you went UAL because you were angry after an argument with your girlfriend. You also said that you used methamphetamine and heroin while you were on the run but that you have no recollection of breaking into cars as you were suspected of doing. You said that you supported yourself with the help of a friend who was involved in the drug trade and lived in a tent. You said that while you would prefer to find your own place to live, you have no place to go at this time. You said however that if released you would go back to work and try to manage yourself better on your next release.

Having reviewed the information in your file and listened to you today the Board acknowledges that your behaviour has been without concern since your return to a maximum security institution. However the Board must also take into account that you went UAL shortly after your release and breached your conditions to abstain from drugs. You are suspected of returning to criminal activity. The Board must also acknowledge that you have a lengthy and concerning criminal history with significant elements of violence in it. On balance the Board concludes that the negative aspects of your file outweigh the positive ones and that as a result your risk had become and remains undue on statutory release. The Board therefore revokes your statutory release.

The Board imposes the following special conditions on your next release;

1) Not to consume, purchase or possess alcohol; 2) Not to have any direct or indirect contact with GC or attend any place of residence, education or employment known to be that of GC; 3) Not to associate with any person you know or have reason to believe is involved in criminal activity and/or substance misuse; 4) Not to consume, purchase or possess drugs other than prescribed medication taken as prescribed and over the counter drugs taken as recommended by the manufacturer; 5) Immediately report all intimate relationships and friendships with women and any changes in your intimate partner relationship to your parole supervisor; 6) Participate in one to one counselling with an Elder or mental health practitioner to address risk related childhood issues; and 7) Reside at a Community Correctional Centre or Community Residential Facility or other residential facility approved by the Correctional Service of Canada.

REASONS FOR SPECIAL CONDITIONS

Substance abuse and negative associates are directly linked to your criminal behaviour and therefore abstinence and avoiding such individuals will help you to remain crime free.

The victim of your offending has the right to be free from unwanted contact with you.

You have a history of dysfunctional intimate relationships and reporting all relationships with women including friendships, and changes to those relationships will help your parole supervisors to manage this risk.

Counselling with an Elder or mental health practitioner to address childhood issues will also assist you to successfully reintegrate into society.

Given your significant potential for future violent behaviour based on your extensive criminal history as well as your poor behaviour on previous releases the Board is satisfied that in the absence of a residency condition you will present an undue risk to society by committing an

FPS :

will present an undue risk to society by committing an FPS : Name : GAGNON, TYLER

Name : GAGNON, TYLER EMERSON

File No :

committing an FPS : Name : GAGNON, TYLER EMERSON File No : PBC 82 (14-03) OMS
Page 7 Personal Information Bank PBC-CLCC PPU 005 offence listed in schedule one of the
Page 7 Personal Information Bank PBC-CLCC PPU 005 offence listed in schedule one of the

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Personal Information Bank PBC-CLCC PPU 005

offence listed in schedule one of the Corrections and Conditional Release Act before the end of your sentence. The Board is not imposing the recommended curfew condition as overnight leave privileges will be at the discretion of your parole supervisor.

These conditions are reasonable and necessary. Given your ongoing risk factors they are imposed until you reach the end of your sentence.

DECISION(S) AND VOTES :

STATUTORY RELEASE - POST REL.

REVOKED

2018-09-27

Board Member

Vote

Vote Date

DANTZER, A

REVOKED

2018-09-27

STATUTORY RELEASE - PRE REL.

CHANGE CONDITION

2018-09-27

Board Member

Vote

Vote Date

DANTZER, A

CHANGE CONDITION

2018-09-27

SIGNATURES :

DANTZER, A

Board Member Signature Date

FPS :

SIGNATURES : DANTZER, A Board Member Signature Date FPS : Name : GAGNON, TYLER EMERSON File

Name : GAGNON, TYLER EMERSON

File No :

Signature Date FPS : Name : GAGNON, TYLER EMERSON File No : PBC 82 (14-03) OMS