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Personal Information Bank PBC-CLCC PPU 005

PAROLE BOARD OF CANADA


DECISION
OFFENDER INFORMATION :
Name : GAGNON, TYLER EMERSON FPS :
Institution : 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. - REGULAR


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.

SPECIAL CONDITIONS :

FPS : Name : GAGNON, TYLER EMERSON File No :

PBC 82 (14-03) OMS


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Personal Information Bank PBC-CLCC PPU 005

STATUTORY RELEASE - PRE REL.

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 : Name : GAGNON, TYLER EMERSON File No :

PBC 82 (14-03) OMS


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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 : Name : GAGNON, TYLER EMERSON File No :

PBC 82 (14-03) OMS


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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 : Name : GAGNON, TYLER EMERSON File No :

PBC 82 (14-03) OMS


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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 : Name : GAGNON, TYLER EMERSON File No :

PBC 82 (14-03) OMS


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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 : Name : GAGNON, TYLER EMERSON File No :

PBC 82 (14-03) OMS


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