Day 7: Sanderson’s release from custody scrutinized at JSCN inquiry

After Myles Sanderson breached his release conditions the first time, he turned himself in – but the Parole Board of Canada subsequently cancelled the suspension of Sanderson’s release and let him go.

He subsequently breached his conditions two more times.

After that third breach occurred, in May of 2022, Sanderson wasn’t in custody again until after his stabbing rampage killed 11 people and injured 17 others on the James Smith Cree Nation and in Weldon in September of 2022.

On Tuesday in Melfort, Linda Flahr – the supervisor for the two community parole officers Sanderson had when he was out on statutory release — told the inquest into the mass murders about the circumstances surrounding Sanderson’s breaches.

Flahr said the first time Sanderson broke his conditions was because he was again living with his partner and didn’t report the intimate relationship.

Flahr recalled that Sanderson’s parole officer called and heard Sanderson screaming at his partner, Vanessa Burns. So Flahr and the parole officer decided to issue a warrant for Sanderson out of concern for Burns and her kids’ safety, given Sanderson’s history of domestic violence.

The supervisor and the parole officer subsequently recommended that Sanderson’s statutory release be cancelled, but the parole board disagreed and he was released again. Flahr said there were concerns about the breach, but it was more concerning that he had been lying to his parole officer about it for weeks.

Flahr testified there was another minor breach in February of 2022, when Sanderson saw one of his kids — he was under conditions that he couldn’t without prior permission from his parole officer. But the officers decided it wasn’t an intentional breach, that Sanderson didn’t understand the condition, so he was allowed to stay in the community.

Flahr said for months everything was good with Sanderson, as he was participating in his programming and had found a job.

But then there was another breach in May, when Sanderson went to Burns’ apartment, banged on the door and forced his way in. The parole officers felt that was an escalation and issued a warrant.

At that point, Sanderson was unlawfully at large, but he wasn’t located until after the mass murders on Sept. 4 of that year.

“There was nothing in his file (or) in the discussions I had with my parole officers … that would have ever led us to believe that this was a possibility,” Flahr said.

READ MORE:

• Day 1: Jury selection, first witness at James Smith Cree Nation inquest
• Day 2: Emotions intensify as testimony continues at JSCN inquest
• Day 3: RCMP witness at JSCN inquest discusses drug trade, warrants
• Day 4: RCMP witness apologizes to veteran’s family at JSCN inquest
• Day 5: Psychologist shares assessment of Myles Sanderson at JSCN inquest
• Day 6: Inquest hears Sanderson wasn’t among Sask.’s most wanted before attacks

More details about Sanderson’s release

Earlier Tuesday, Cindy Gee – the Correctional Service of Canada’s district director for Saskatchewan, Manitoba and northern Ontario – shared more information about Sanderson’s dealings with parole officers.

In September of 2018, Sanderson was sentenced to four years, four months and 19 days in a federal penitentiary for assault, assault with a weapon, robbery, mischief, assault on a peace officer and uttering threats.

Gee testified that during a parole hearing in February of 2021, Sanderson was denied day parole and full parole. He was, however, transferred from prison to the Willow Cree Healing Lodge.

Asked if Sanderson was ever considered for detention in the federal system – meaning he would have served his whole sentence – Gee explained a review had been done because Sanderson met the basic criteria due to his previous criminal record and the type of offences he had committed.

But, she noted, his behaviour was considered good, he was actively engaged in high-intensity programming and was working with an elder.

The Kerry Vickar Centre, site of the inquest into the killings on the James Smith Cree Nation and in Weldon. (Lisa Schick/980 CJME)

In August of 2021, Sanderson was released to Saskatoon on legally mandated statutory release and was being supervised in the community.

According to a previous statement issued by the Correctional Service of Canada, it “must release most offenders with supervision after they have served two-thirds of their sentence, if they have not already been granted parole.”

Gee testified that offenders who get statutory release are given conditions they must follow to manage the risk to the public.

If the offender breaches their conditions, the Correctional Service of Canada can recommend to the Parole Board of Canada that it revoke the person’s release or release them again depending on the risk to public safety.

Gee testified that offenders who get statutory release are given conditions they must follow to manage the risk they present to the public.

If the offender breaches their conditions, the Correctional Service of Canada and the Parole Board of Canada can decide to revoke the person’s release or release them again, depending on the risk to public safety.

Gee said Sanderson’s first breach of his release conditions occurred in November of 2021, and his statutory release was suspended. A warrant was issued for his arrest and he turned himself in that day.

The Parole Board of Canada decided in February of 2022 to cancel the suspension of his statutory release, and Gee said the board reprimanded Sanderson and changed the conditions of his release.

So Sanderson – despite 59 convictions on his record and another breach of his release conditions – was set free, with Saskatoon as his destination.

Gee testified the parole board was in contact with the leadership of the James Smith Cree Nation about Sanderson potentially returning to the community after his release, and the band was supportive of that.

However, Gee noted that the leadership expected Sanderson to work with an addictions counsellor and not return to using drugs. That plan was scuppered when Sanderson changed his release destination to Saskatoon instead of the First Nation.

In February of 2022, Sanderson breached another condition, but his release was maintained. Then, in May, he breached again and a warrant for his arrest was issued.

He wasn’t located until after the mass murders.

Parole officer saw change in Sanderson

Jessica Diks, a parole officer with the Correctional Service of Canada, became Sanderson’s institutional parole officer in the fall of 2019. She testified that Sanderson’s attitude changed significantly over the time they interacted, until his transfer to minimum security.

She said he was extremely guarded and adversarial at the start, presenting as someone who felt hard done by and who didn’t want to be told what to do.

As time progressed, Diks said, he became more engaged with her and with institutional workers. She noted he didn’t frequently ask for help, but he was willing to accept advice or feedback in a much healthier way.

Diks said Sanderson’s criminal record and other factors suggested a high need for intervention, so it was suggested that Sanderson follow a program that would provide him with more help and support.

Sanderson was accepted into that program, but Diks said he declined because it would have changed his exercise time. Diks called that “unfortunate,” saying she believed he didn’t want to have someone telling him what to do.

Sanderson was participating in a high-intensity multi-target program, but that was altered by the COVID-19 pandemic. Diks said that was “definitely problematic” and reinforced Sanderson’s concerns about being maltreated in the system.

When statutory release was on the horizon, Sanderson wrote a letter to the Saskatoon urban community saying he intended to be a better person in the community and in his own community, which he characterized as the James Smith Cree Nation. He said he wanted to live with Burns, which raised a red flag for Diks because of his history of domestic violence.

She testified that she worked with him to find other options because the Parole Board of Canada could say he couldn’t contact Burns, which it eventually did.

Diks noted she recommended that Sanderson be denied for both day and full parole, but because he had gone through the high-intensity program and had shown signs of change, she later recommended his lowering to minimum security and being transferred to the Willow Cree Healing Lodge.

— With files from 980 CJME’s Lisa Schick