His Majesty the King - v. -, 2023 SKPC 53

IN THE PROVINCIAL COURT OF SASKATCHEWAN Citation: 2023 SKPC 53 Date: November 10, 2023 Information: 24503620 Location: Melfort _____________________________________________________________________________ Between: His Majesty the King - and - Clarence David Piche Appearing: Lee Hnatiuk For the Crown Brian Pfefferle, K.C., and Zachary Carter For the Accused DECISION ON

PART XXIV DANGEROUS OFFENDER HEARING I.J. CARDINAL, J INTRODUCTION [ 1 ] Mr. Piche was found guilty of the offences of assault with a weapon contrary to s. 267 (

a) of the Criminal Code [ Code ], and assault causing bodily harm contrary to s. 267 (

b) of the Code . Both offences were against his domestic partner. He was found to be a dangerous offender and was sentenced on February 2, 2016, to an indeterminate sentence. [ 2 ] Mr. Piche appealed and in June 2019 the Saskatchewan Court of Appeal upheld the convictions, but overturned the

imposition of the dangerous offender designation and indeterminate sentence and referred the matter back to the Provincial Court for a new sentence hearing. ( R v Piche , 2019 SKCA 54 , [2020] 2 WWR 240 [ Piche ]). [ 3 ] The rehearing was held before me, with Mr. Piche and the Crown agreeing to hold the matter in Melfort for the ease of everyone involved. The Crown commenced a new application to have Mr. Piche designated a dangerous offender and submits he should be sentenced to an indeterminate sentence. [ 4 ] Mr.

Piche acknowledges there is sufficient evidence before the Court to establish he meets the criteria at the designation stage to be declared a dangerous offender. However, he submits a fixed sentence of 4 to 7 years’ incarceration, followed by a 10-year order of supervision in the community is the appropriate sentence. [ 5 ] Dangerous offender proceedings are complex and usually protracted due to the volume of evidence presented. The Crown filed the appropriate notice and written consent of the Attorney General pursuant to s. 754 (Exhibit PS-11).

The application, brought pursuant to s. 753, is grounded on the basis that Mr. Piche meets the requirements of ss. 753(1)(a)(

i) and 753(1)(a)(ii). [ 6 ] An Agreed Statement of Facts, 2023 (Exhibit PS-13), pursuant to s. 724 of the Code , allows this Court to review and rely upon the evidence heard at the initial sentencing hearing without the recalling of evidence. [ 7 ] The exhibits, all filed by consent, contain transcripts of the original trial and sentencing hearing, details of Mr. Piche’s criminal convictions, Correctional Service of Canada (CSC) documents, Provincial Correctional documents, a Gladue [1] report, and other materials. Two psychiatric assessments prepared by Dr.

Lohrasbe, one in 2013 and the other in 2019, were ordered and filed with the Court pursuant to s. 752.1 of the Code . [ 8 ] The parties rely upon all evidence filed and heard during the trial and original sentencing hearing, as well as the documents and viva voce evidence heard during this proceeding. In addition, the Crown called 11 witnesses, including Dr. Lohrasbe. Mr. Piche testified on his own behalf. The evidence was heard over the course of four days from February 28, 2023, to March 2, 2023 with final argument on June 19, 2023. [ 9 ] For the following reasons, at the designation stage, I find Mr.

Piche meets the criteria to be declared a dangerous offender and I declare him a dangerous offender. [ 10 ] With respect to the penalty stage, I find there is no reasonable expectation that a lesser measure will adequately protect the public against the commission by Mr. Piche of murder or a serious personal injury offence. I sentence Mr. Piche to an indeterminate period of incarceration. BACKGROUND A. Circumstances of the Offender [ 11 ] Information concerning Mr.

Piche was gleaned from the reports filed, notably the Gladue report (Exhibit C-1), as well as from the evidence at the trial held August 22, 2013 (Exhibit PS-24), at the original dangerous offender hearing held October 20, 2014 to decision on February 2, 2016 (Exhibit PS-14), and these proceeding (Dangerous Offender Hearing Transcript, 2023 ( DOHT, 2023 )). Mr. Piche testified on March 2, 2023 ( DOHT , 2023 T293-T307). He also addressed the Court at the conclusion of arguments on June 19, 2023. [ 12 ] Mr.

Piche was born in Uranium City, Saskatchewan on May 18, 1969, to Clement and Eleanor Piche, and lived most of his life in Fond du Lac, a Dene community, on the shores of Lake Athabasca in northern Saskatchewan. It is an isolated community, accessible only by air. He is an Aboriginal male and a member of the Fond du Lac Denesuline First Nation.

[ 13 ] Mr. Piche, along with his six siblings, were raised by his parents and grandparents. Unfortunately, he has lost several members of his family. According to information presented in court, his brother Michael died in infancy, his brother Charles died in a snowmobiling accident at the age of 15; another brother named Michael died by suicide in 1999, and his remaining brother Ernie died of a heart attack in 2010. His mother died in 2012, and Clement Piche told the Gladue reporter in June 2015 that Margaret Rose had since passed. Clement Piche has passed as well. Mr.

Piche’s sister Carol is his only remaining sibling, but he does not have much contact with her. I note that when Mr. Piche addressed the Court on June 19, 2023, he indicated both his sisters were currently living on the street, but it appears he was only referring to his sister Carol. [ 14 ] Mr. Piche’s father, Clement Piche, testified at the original dangerous offender hearing.

He said neither he nor Eleanor attended residential school, but he did obtain his Grade 8 at the local school in Fond du Lac. (Exhibit PS-14; Tab 1C; T392, L18-26; T393, L1-22) It is not clear as to the level of schooling Eleanor attained. Clement Piche recalled life was difficult as there was a lack of services such as running water in the early years. At approximately age 7, Mr. Piche was sent by his parents to attend the Prince Albert Indian Residential School in Prince Albert, Saskatchewan.

Clement testified that Eleanor was sick and could not look after all the children, so they decided to send Clarence to the school. Three of their children attended residential school, but Clarence was at the school for seven years by himself. (Exhibit PS-14; Tab 1C; T382-412) [ 15 ] Unfortunately, Mr. Piche was sexually and emotionally abused by one of the supervisors during his first year at the residential school. He was also sexually abused that same year at home by an older relative who told others about it and ridiculed Mr. Piche.

When he returned to the residential school, he was subject to other physical and emotional abuse. He testified that the Cree at the school did not like the Dene and he was picked on by the Cree supervisor and others. [ 16 ] Mr. Piche attended the residential school until he quit at the age of 14. Sadly, while at home in his community during school breaks, Mr. Piche began sniffing inhalants (solvents), and specifically recalled sniffing gas, glue, and spray paint from the time he was approximately 8 years old until he was about 14. [ 17 ] Mr. Piche attended school in Fond du Lac after he left residential school.

He said he was moved ahead to grade 8 and recalls attending school trips to Seattle and Expo in Vancouver. Mr. Piche quit school to play in a band, having achieved a Grade 9 standing. While he expresses regret at having quit school and has stated he would like to further his education, he has not taken any steps toward doing so. [ 18 ] As a musician, he travelled around the province, living in various places. Any money he made was spent on alcohol and drugs, and he was not able to pay his bills or maintain a residence. He relied on his bandmates for support.

He eventually made his way back to Fond du Lac, but other than odd jobs, he has never had any meaningful employment. The compensation he received from his residential school settlement is his only source of funds. [ 19 ] Alcohol and drugs became part of his lifestyle as a teenager and into adulthood. He started abusing alcohol and drugs at a young age and would smoke marijuana daily. While he tried various drugs, he is not a hard drug user.

He recognizes that alcohol and marijuana use over the years have contributed to his criminal behaviour but believes he does not have any current issues with alcohol or substance use. [ 20 ] In the Gladue report, Mr. Piche said his dad always had work and his mom took care of them. They were a loving family according to Mr. Piche. However, Mr. Piche reported domestic violence occurred in the home while he was growing up, but that it was “not very often, sometimes when they drank…but they only fight, just arguing and fighting mostly”. He also said his father denied paternity and was very abusive toward him.

His father, Clement, in that same report, denied abusing Clarence. ( Gladue , p 4) [ 21 ] While testifying in October 2014 at the first dangerous offender hearing, Mr. Piche admitted he had previously lied to Correctional Services Canada when he told them his dad was abusive toward him. He said he just used that as an excuse at the time because it was his first-time in programming, and he did not know with what he was getting involved. (Exhibit PS-14; Tab 1C, T467, L2- 18) [ 22 ] Yet, in a pre-sentence report (PSR) prepared in June 2022 (Exhibit PS-15;

Section C; Tab 5) for sentencing on convictions of assault and assaulting a peace officer, Mr. Piche again stated his father was not a good father and treated him differently than the other children because he did not believe he was Clarence’s biological father. After residential school, he lived at home with his parents but did not want to live there due to their drinking and fighting. (p 4-5)

[ 23 ] Despite Mr. Piche’s differing accounts of his life at home and recognizing that he may not be an accurate historian, I accept Mr. Piche has significant Gladue factors as he was separated from his family, community, and culture at a young age. The sexual assaults have significantly impacted him, and he suffers greatly from those experiences. He continues to harbor anger toward his father for what he believes was abuse and a lack of acknowledgment of him as his biological child. [ 24 ] Mr. Piche and Ms.

Crookedneck, the victim in the predicate offences, had been in a common law relationship from approximately 2008 to 2013. They have two children together. Since his incarceration, Mr. Piche has had little to no contact with the children or Ms. Crookedneck. [ 25 ] Mr. Piche has spent many years incarcerated, as is reflected in his criminal record which is described below. Due to periods of incarceration, he has spent little time in the community, especially between 1998 and 2013. He has been continuously incarcerated since June 15, 2013, when he was arrested for the predicate offences.

Despite being held in federal and provincial institutions, Mr. Piche continued to reoffend while incarcerated and awaiting this hearing. B. Criminal History [ 26 ] Mr. Piche has no criminal record as a youth. However, his adult criminal record, which started when he was 21 years of age, is substantial with 59 convictions including the predicate offences.

Of those, 22 are for violent offences: two are for sexual assault, nine for common assault, five for assaulting a peace officer, four for uttering threats, one for assault with a weapon, and one for assault causing bodily harm. [ 27 ] Exhibits PS-5 and PS-6 contain copies of convictions and, in some cases, transcripts of the sentence hearings as well as pre- sentence reports filed at those hearings. In addition, Exhibit PS-15 contains various transcripts and reports from his convictions while in custody from 2016 to present. [ 28 ] The following is a

summary of his violent offences. I also refer to the preventative recognizances to give a broader context to understanding his behaviour in the community: Common Assault (February 6, 1991, Fond du Lac) 45 days incarceration and probation of 6 months. (Exhibit PS-5; Tab 3) Mr. Piche pushed his mother. He was 21 years of age at the time of sentencing. The PSR noted Mr. Piche did not take responsibility for his actions. He blamed his mother by stating that if his mother had not been angry, he would not have pushed her.

Common Assault (April 28, 1994, La Loche) 4 months incarceration; Breach of a recognizance – 1 month consecutive. (Exhibit PS-5; Tab 5) The PSR noted that alcohol and paranoia were contributing factors to this offence. Mr. Piche recalled having consumed nine bottles of beer and smoking a joint of marijuana. He and his brother Michael were walking when the 14-year-old victim, who was riding by on his bicycle, said something. Mr. Piche couldn’t hear what the victim said, but assumed it was about him. He admitted hitting the victim twice, once on the face and once on the body and threw him off his bike.

He stated, “had I hit him five times I probably would have killed him". He admits his brother did pull him off the victim. The accused did not know the victim and didn’t realize he was young because his mind was foggy from drinking and smoking up. Sexual Assault (March 5, 1998, La Loche) 4.5 years’ incarceration (Exhibit PS-5; Tab 12) Mr. Piche, wearing a mask, attacked a woman and forcibly had sexual intercourse with her without her consent. The victim had just given birth eight days earlier and the assault tore open the stitches from her episiotomy.

She recognized him by his voice when he uttered “I’m not Clarence” during the assault.

Sexual Assault (December 7, 1998, Prince Albert) Original Sentence – 16 months incarceration consecutive to the above sexual assault. On appeal, varied to 26 months incarceration consecutive (See R v Piche, (Sask CA) (Exhibit PS-5; Tab 13) This offence occurred approximately one month before the above noted sexual assault. Mr. Piche attended a party in Prince Albert where he was introduced to the victim. When she left the party, he followed her, grabbed herfrom behind, put a hand over her mouth, and forced her into a back alley.

He pushed her to the ground, lifted her skirt and had forcedsexual intercourse with her. During the attack he had his hand over her mouth which made it difficult for her to breathe. He told her ifshe were to say anything about the attack, he knew where she lived. He left her lying on the ground. After she left the alley, her auntsaw her and came to her assistance. This was Mr. Piche’s first penitentiary sentence.

Due to his behaviour in custody, his failure to accept responsibility for either of theoffences, and his refusal to complete sexual offender treatment, despite three opportunities to do so, he was held to his Warrant ExpiryDate (WED) of November 4, 2004. Preventative Recognizance (November 2, 2004, Prince Albert) 1 year recognizance (Exhibit PS-5; Tab 15) Upon his release from custody, he entered a 1 year preventative recognizance pursuant to s. 810.2 of the Code on November 2, 2004, inPrince Albert.

This recognizance was based upon the belief that he would commit a serious personal injury offence pursuant to s. 752 ofthe Code. Within two months he had breached the terms of the recognizance and was sentenced on September 5, 2005, to 6 monthsincarceration.

Common Assault (May 8, 2006, Prince Albert) 6 months incarceration Uttering Threats (two counts) (May 8, 2006, Prince Albert) 6 months incarceration on each, concurrent to each other but consecutive tothe assault charge, for a total sentence of 12 months incarceration. (Exhibit PS-5; Tab 17) While serving his sentence for the breach of recognizance and other convictions, Mr. Piche assaulted an inmate and threatened twonurses at the Prince Albert Correctional Centre (PACC). At the request of another inmate, he punched an inmate in the face and chest using both of his hands after being called a “rat”.

Thevictim sustained a fat lip, a bump on his forehead, and sore cheeks. He said he was punched about 20 times and did not return any of thepunches. During the assault, a corrections officer ordered Mr. Piche to stop, but he continued to strike the victim. Concerning the threats to the two nurses, Mr. Piche was banging on his bunk and rattling the cell door. He was taken to the medicalcentre to be counseled about his behaviour. He was verbally abusive and placed in restraints. He began spitting and swearing at the nurses. He told them that once he was released,he would find and kill all the nurses.

The sentencing transcript indicates that Mr. Piche downplayed the assault and the threats. He blamed the guards for allowing him andthe other inmate to be out together; he denied threatening the nurses, then blamed the nurses saying they were upset because they weretrying to label him a bad person, yet he was getting a lot of support from others at the institution. As well, he said the husband of one ofthe nurses was the boss of the institution and had been chastising him for using resources because he was on suicide watch 24/7 and thatthis person was also the reason why he was restrained.

Eventually he admitted the offences but blamed his medication for making himoverreact.

Uttering Threats (August 17, 2007, Prince Albert) 12 months incarceration and 15 months’ probation. (Exhibit PS-5; Tab 18) On two separate occasions, Mr. Piche threated a nurse with sexual violence. While serving a sentence at the Correctional Centre, Mr. Piche was in a holding area while the nurse was attending to another inmate. He called out and asked if she remembered him from the last time he was in the PACC. She said no. He asked if she recalled calling him a name. She said no. He replied, “I’m going to rip the panties off the crack of your ass and get you”. The victim knew Mr.

Piche and his background, and while she was fearful, she ignored him and walked away. The next evening, he again said to the nurse, “I am going to pull the panties out of the crack of your old ass, and I am going to get you on the street”. Both instances were unprovoked. During sentencing Mr. Piche denied the threats. He said other inmates threw feces and urine at his cell door as they wanted him off the range. He added that while the nurse was on her rounds, she approached his cell and told him that if he was going to kill himself, he should get it over with, and called him a “piece of shit”.

Two officers with her laughed as did other inmates. He told the nurse that “if she was going to talk shit about him, why didn’t she just pull that pants out of your ass crack, or something like that”. He blamed his fear and confusion, lack of food and the effects of his medication for his behaviour. The Crown objected to the version of events put forward by Mr. Piche and requested a sentencing hearing. However, the sentencing hearing did not proceed as the Crown facts were eventually accepted by Mr. Piche. A PSR was ordered.

The female probation officer who prepared the PSR testified at the original dangerous offender hearing. She stated that while interviewing Mr. Piche for the preparation of the PSR, she noted Mr. Piche questioned her about personal information, stared at her and appeared to be masturbating.

Due to safety concerns, the second portion of the PSR relating to sexual issues of the offender and assessment of possible Sex Offender Program treatment targets was not addressed. (Exhibit PS-14; Tab B at T308-309) Assault a Peace Officer (March 10, 2008, Saskatoon) 6 months Conditional Sentence Order (Exhibit PS-6; Tab 19) The offence occurred at the Saskatoon Correctional Centre. Meals were being served by the guards and Mr. Piche refused to take his meal. The guard turned and Mr. Piche spit at him, with saliva landing on the guard’s neck. Mr.

Piche subsequently breached the Conditional Sentence Order in Fond du Lac, and it was terminated on May 22, 2008, resulting in Mr. Piche serving the remainder of the sentence in a correctional centre. (Exhibit PS-6; Tab 19A) Common Assault (March 18, 2010, Fond du Lac) 6 months incarceration (in addition to 14 months pre-sentence custody) (Exhibit PS-6; Tab 20) The victim and his wife went to the Band Office. Mr. Piche came toward them, talking loudly and swearing. He called the victim a monkey, swore at him and grabbed a rock. The victim ran at him and tackled him to avoid being assaulted with the rock. Mr.

Piche’s counsel advised that rumors about Mr. Piche’s wife had set him off. The Court was advised Mr. Piche was on the national flagging system and further offences of violence would result in a dangerous offender application. (Exhibit PS-6; Tab 20; Transcript p 4). The Court told Mr. Piche in simple terms that as a dangerous offender he could go to jail for life. Mr.

Piche acknowledged he understood. (p 11) Preventative Recognizance (July 20, 2010, Prince Albert) 1 year recognizance (Exhibit PS-6; Tab 21) (Note: the transcript under this tab is from his appearance on November 2, 2004, regarding the first s. 810.2 recognizance. There is no transcript from the July 20, 2010, proceeding.) Breaches of Preventative Recognizance, Mischief (January 13, 2011, Fond du Lac) 105 days incarceration, time already served, concurrent, for each of the two breaches and 6 months incarceration for the mischief. (Exhibit PS-6; Tab 22)

On January 13, 2011, Mr. Piche was found guilty after trial of breaching the s. 810.2 recognizance by failing to report to the police on July 28, 2010, and by not keeping his curfew on August 27, 2010. He was also convicted of one count of mischief by damaging the cell door of the RCMP detachment in Fond du Lac on October 4, 2010. Concerning the charge of mischief, while in police custody Mr. Piche exhibited erratic behaviour. He was silent at first but then began swearing, screaming, and kicking the cell door. He stood atop the toilet and was talking in a “demonic” voice.

He invited two police officers to come into his cell and fight with him. He complied with the officer’s direction to get off the toilet and went to bed. Later, police heard a clanging noise and saw that the meal door was on the ground with its weld broken. Preventative Recognizance (July 21, 2011, Fond du Lac) 1 year recognizance (Exhibit PS-6; Tab 23) Mr.

Piche agreed to be bound by the recognizance and advised the Court that he would be attending for holistic family treatment to deal with issues that arose because of his abuse in the residential school system, and relationship issues with Fernanda Crookedneck, his common law partner. (Transcript p 22-23) There is no information that Mr. Piche, with or without his family, pursued such treatment. Mischief (April 19, 2012, Fond du Lac) 8 months incarceration, followed by 12 months probation (Exhibit PS-6; Tab 24) Unfortunately, within a month of being back in the community, Mr.

Piche was charged with criminal offences which occurred on August 16, 2011. He was charged with break and enter but found guilty after trial of the lesser included offence of mischief. No facts were outlined but a PSR indicated he wanted to be with Fernanda and their child in the community and be a father. Common Assault and obstruct peace officer (April 23, 2012, Fond du Lac) 1 year incarceration, concurrent to the sentence imposed on April 19, 2012, (Exhibit PS-6; Tab 25) While awaiting sentencing on other matters, Mr. Piche was sharing a cell with a man who was trying to sleep. Mr.

Piche asked him about having a cigarette in the cell, but when the man told him they could not, Mr. Piche punched him in the chest. A fight ensued that had to be broken up by police. Threats to cause death, three breaches of undertaking (February 2, 2016, Fond du Lac) 2 years less a day incarceration pre-trial custody, 1 day time already served. (Exhibit P-14; Tab B; (T285) On June 7, 2013, at Fond du Lac, Ms. Crookedneck, who was Mr. Piche’s common law partner, had gone to her residence to get the home back from Mr. Piche as they had separated. He told her he was going to kill her if he saw her alone.

Predicate Offences- Assault with a weapon; Assault causing bodily harm (2013, Fond du Lac) The transcript of the trial held on August 22, 2013, was filed (Exhibit PS-24). The original trial judge found Mr. Piche guilty of two offences on Information 24503620 which now form the basis of this dangerous offender hearing: Count 1 : On or between the 1 st day of March AD 2013 and the 30 th day of April AD 2013 at Fond du Lac, in the Province of Saskatchewan, did in committing an assault on Fernanda Crookedneck use a weapon to wit, a lit cigarette, contrary to s. 267 (

a) of the Criminal Code . Mr. Piche assaulted his common law wife when he applied a lit cigarette to her back, causing a burn mark. (Exhibit P-1: photographs 108, 109 and 110 of the injury to the victim’s back). The trial judge accepted her audio and video recorded statement given to police on June 8, 2013. Mr. Piche had recently been released from jail and burned her on the back because he was jealous. She explained that

“he’s always getting jealous for nothing. And I’m not even doing anything and I’m always inside the house. He wouldn’t let me go out or look out the window.” (Statement to Police) Count 3 : On or about the 27 day of May AD 2013 at Prince Albert in the Province of Saskatchewan did in committing an assault on Fernanda Crookedneck, did cause bodily harm to Fernanda Crookedneck, contrary to s. 267 (

b) of the Criminal Code . Mr. Piche, Ms. Crookedneck, and their daughter flew to Prince Albert from Fond du Lac to cash a cheque that Mr. Piche had received. Upon arrival at the airport, they argued. Mr. Piche told her to give him a cigarette, but she was slow in doing so. As they sat in the terminal, Mr. Piche grabbed her left hand and bit it, breaking the skin and causing it to bleed. No medical attention was sought, and it eventually scabbed over and healed, leaving a scar. (Exhibit P-1: photographs 105, 106 and 107 of the injury to the victim’s hand). While no formal victim impact statement was filed, Ms.

Crookedneck testified at the initial sentencing hearing held on December 17, 2015. (Exhibit PS-14; Tab B; T258-263) She is an Aboriginal woman from the same band as Mr. Piche. They had been together from approximately 2008 to 2013 and have two children together. She wanted to move on with her life without Mr. Piche. She testified she had spoken to him in August or September 2015 when he called her brother. She told Mr. Piche that she had a life and not to bother her. He told her that when he got out of jail, she would not have that life. He also told her that he was going to put her boyfriend in a body bag.

She testified that she was currently pregnant with another man’s child and had recently quit drinking. [ 29 ] Ms. Crookedneck did not personally testify in the proceedings before me, nor was any information put forward on her behalf. The predicate offences no doubt caused her pain, both physically and emotionally. It is difficult to say where she is in her life, but hopefully she has been able to move forward on a positive path. [ 30 ] Although Mr. Piche has been in custody since his arrest on June 15, 2013, his offending behaviour has continued. C.

Convictions 2016 to Present (Exhibit PS-15) [ 31 ] Having been declared a dangerous offender and sentenced to an indeterminate sentence in February 2016, Mr. Piche began serving the sentence in a federal institution. While doing so and awaiting the outcome of his appeal from conviction and sentence of the predicate offences, Mr. Piche was convicted of the following violent offences. Assault Peace Officer (two counts) (September 16, 2018, Prince Albert) 22 months incarceration on each, concurrent to each other and concurrent to sentence serving. (Exhibit PS-15;

Section B; Tabs 1, 2 and 3) Mr. Piche was convicted on April 6, 2018, following a trial in the Court of Queen’s Bench in Prince Albert, Saskatchewan of two counts of assaulting a peace officer and sentenced on September 16, 2018. The facts are not clear, but it was noted during sentencing that Mr. Piche was in police cells in La Ronge. Apparently, there was a young offender in another cell who Mr. Piche felt needed assistance. In order to get the guards to attend to the youth, Mr.

Piche put wet toilet paper on the camera in his cell because he knew by experience that someone would come to his cell door and he could talk to them. However, Mr. Piche was moved from the cell and while being escorted down the hallway, he spit at two officers, with spittle landing on both. At sentencing Mr. Piche addressed the Court, saying “I know I didn’t kill a person. I didn’t rape nobody. Twenty years ago, I was -I was blamed for that, but I didn’t even- I didn’t do programs. To this day… I made my point that it’s not me to do that kind of thing, like programming, stuff. And I didn’t do it, but I just.

To this day I never -I never did a crime like that”. He denied spitting on the officers, and said if he did, would the officers not collect evidence instead of washing their faces. He had no remorse, saying, “I don’t know. I don’t know what to say, really. I just feel unjustly. I don’t feel remorseful. I don’t feel regretful for something I did, it’s just ordinary thing, it just happened. And I –I don’t know”. Assault Peace Officer (July 14, 2022, Prince Albert) 9 months incarceration, time already served (Exhibit PS-15;

Section C; Tabs 4, 5 and 6)

Mr. Piche was using the phone at the PACC when he was advised that he had to finish the call and go back to his cell. Mr. Piche slammed the phone down and immediately became argumentative and aggressive toward the officer. The officer pepper sprayed Mr. Piche once and another officer assisted in forcing him against a wall and handcuffing him. While being led to the shower area to decontaminate, he was held in the high prone position, meaning he was stooped over with his head down, with the officer directly behind him with his arms on his shoulder. When the officer released him at the shower, Mr.

Piche stood up, turned around, and spit towards the officers, striking one on the shoulder. Common Assault (July 27, 2022, Prince Albert) 9 months incarceration, time already served (Exhibit PS-15;

Section D; Tabs 7, 8 and 9). On June 1, 2022, he was convicted after trial of assaulting another inmate on September 26, 2020, while on remand at the PACC. They had been outside in the yard and were walking back when Mr. Piche rushed up behind the inmate and struck him. The PSR prepared for July 14, 2022 (Exhibit PS 15;

Section C; Tab 5) was utilized in the sentencing hearing for the convictions against the inmate and the correctional guard. His overall risk for general reoffending was assessed as being within the high-risk category, meaning such offenders reoffended at approximately a rate of 80 % over a three-year period in the community. The risk factors identified for Mr. Piche include academic and vocational skills, employment stability, family marital relationships, peers and companions, drug and alcohol use, attitude, and self-management. [ 32 ] Mr.

Piche takes no responsibility for these offences, attempts to minimize his actions, and does not show any remorse. While the PSR noted he had insight into his offending behaviour, and appeared motivated to address substance abuse and attend counselling to address historical trauma from his upbringing and residential school experience, he needed assistance. However, the report noted at p 8: Although Clarence has insight into his offending behaviour, he lacks the ability and resources to develop a concrete plan for rehabilitation. Clarence appears hesitant to change.

He expressed a desire for help with connecting to resources to address his childhood trauma. However, Clarence will only engage in services if he sees fit. Clarence has been offered services in custody and has [declined] . ( Emphasis added) BEHAVIOR IN PROVINCIAL AND FEDERAL INSTITUTIONS [ 33 ] There are various reports over the years concerning Mr. Piche’s behaviour in provincial and federal institutions while on remand or serving his sentences. I will briefly address some of the materials filed, including evidence from witnesses who testified at both the initial hearing and these proceedings.

The following areas will be canvassed: Federal Institutions 1997 to November 4, 2004 (Exhibit PS-7; Tabs 1-58) Provincial Institutions 2010 to 2014 (Exhibit PS-8; Tabs 1-82) June to September 2019 (Exhibit PS-18; Tabs 83-119) Federal Institutions March 15, 2016 to June 2019 (Exhibit PS-16) A. Federal Institutions: 1997 to November 4, 2004 (Exhibit PS-7; Tabs 1-58) [ 34 ] Following his convictions and sentence for two counts of sexual assault in 1998, Mr. Piche was serving a federal sentence of 6 years 8 months in the penitentiary. This was his first federal sentence.

In 1998 he completed the Breaking Barriers Program and the Cognitive Living Skills Program in 2000. In 2002 he began working on upgrading his education. He moved to casual student status as he was hired in December 2002 as the interim unit cleaner. Between July 2002 and January 2003, he participated in approximately 20 spiritual events including Sharing Circles, Pow Wows and Sweat Lodge Ceremonies. (Exhibit PS-7; Tab 36) [ 35 ] Unfortunately, while Mr. Piche did participate in some programming, it was not sufficient for him to be paroled.

In July 2002, the National Parole Board (NPB) was satisfied that if he was released, he was likely to commit an offence causing serious harm to another person before the expiration of the sentence he was serving (Exhibit PS-7; Tab 35). That report noted Mr. Piche remained an untreated sexual offender despite being given two opportunities to attend the Clearwater Sex Offender Treatment Program at the

Regional Psychiatric Centre (RPC) in 1999 and 2002. He had been discharged each time as he was non-compliant with the treatment goals and displayed no interest in change. His participation in the Clearwater Sex Offender Treatment Program in 1999 was terminated due to lack of involvement in the program. He failed to attend group sessions or engage in conflict resolutions, had difficulty with other patients, and stared at and stalked female staff. He failed to internalize ideas, concepts and beliefs presented with programs. He showed a total lack of remorse, and no realistic appreciation of his index offences.

The Board noted he showed a substantial degree of indifference to the consequences his actions had upon others. They found he was not prepared for release and had no insight into his criminal offending behaviour and determined he should be held until his WED of November 4, 2004. [ 36 ] Reports indicated he had been referred to the Wellspring Program at the RPC in November 2003, but was discharged from that program in December 2003. The Program Performance Report Final dated December 24, 2003 (Exhibit PS-7; Tab 44) notes that within days of his arrival, Mr.

Piche threw his shoe at the night officer when told to turn his radio down. He was attention seeking while on the unit. He stared at an officer and when the officer attempted to conduct a perception check, Mr. Piche began yelling and refused to lock up. He was to start a group counselling session but before the group began, Mr. Piche engaged in a verbal altercation with another patient. Both dropped their jackets and raised their fists but stopped when ordered to do so. A few days later he had another verbal altercation with a different patient.

During a discussion with his Primary Nurse, he discussed his release plan and said he “was not going to take shit from no one. I’ll do what I want, and no one will tell me what to do. That’s what happened last time and why I am here”. Further, he said that upon release he plans to play music and “go slutting around and getting girls pregnant…because that is what women have coming”. [ 37 ] A few days later Mr. Piche threw a rock at a patient, hitting him. He became verbally abusive towards a nurse who refused his demand to go to another area unescorted.

He was observed to be bending down and peering around corners, stalking staff. When a unit officer went into the kitchen, Mr. Piche held a plastic knife in the air in a threatening manner, and warned extra staff would be needed if they planned to lock him up. Extra staff attended and Mr. Piche returned to his cell without incident. However, once in the cell he kicked at his cell door. He was placed into another cell and a psychiatrist attended. Mr. Piche denied and minimized his behaviours, then placed razor blades in his mouth and threatened to swallow them.

He eventually removed the razor blades. [ 38 ] Attempts were made by the treatment team to engage Mr. Piche in programming. He became agitated when being escorted to the shower. A few days later he was to attend group programming, but within minutes of being on the unit, Mr. Piche poured himself a cup of coffee, dumped the rest of the coffee down the sink, and when confronted by a co-patient, pushed him in the chest. He later denied the incident occurred and said the other patient was “out to get him”. As a result of his behaviour, the treatment team decided Mr. Piche should be discharged from the program. Mr.

Piche continued to minimize his responsibility and would not discuss his actions. He remained a high risk to reoffend. On December 4, 2003, he was transferred to the Saskatchewan Penitentiary. [ 39 ] In 2004 Mr. Piche showed no progress in addressing his risk factors. An Annual Parole Board assessment dated May 12, 2004 (Exhibit PS-7; Tab 50) noted the Board’s concerns with respect to Mr. Piche’s level of risk if released had not diminished.

Thus, the Board maintained its decision to detain him until his WED. [ 40 ] After his release from the federal system in November 2004, and while subject to conditions under a s. 810.2 recognizance, Mr. Piche was convicted in 2005 of uttering threats to harm staff at the PACC. He was sentenced to a provincial term of imprisonment. He had been threatening to harm himself and had attempted to hang himself at PACC in late 2005. As a result, he was voluntarily admitted on August 8, 2006, to the RPC under the Exchange of Services Agreement. Mr.

Piche was housed in the Bow Psychiatric Rehabilitation Program, and remained in the segregation until he was returned to PACC on September 1, 2006. (Exhibit PS-7; Tab 54) The purpose of his attendance was to have RPC conduct a psychiatric and/or psychological evaluation to determine his mental health needs and to identify the appropriate interventions for correctional staff to address his criminal behaviour. [ 41 ] The assessment and its recommendations for future treatment are outlined in Exhibit PS-7; Tab 57. It noted Mr.

Piche demonstrated a limited amount of insight and judgment into his behaviour and offending patterns. He was encouraged to seek out programming that would facilitate learning in the areas of reasoning, rehabilitation and social skills. He was also encouraged to take sexual offender programming. B. Provincial Institutions: 2010 to 2014 (Exhibit PS-8; Tabs 1-82) [ 42 ] During his incarceration in the provincial system, between January 18, 2010, and September 3, 2014, Mr.

Piche accumulated 82 various reports, including Log Detail Reports, Notice of Charge Reports, and Suicide Risk Reports amongst others. [ 43 ] These reports indicated he swore and yelled at a nurse, made threats of self-harm, and threw things when another inmate

asked if he wanted his meal. He exposed his genitals in front of staff, covered the camera in his cell, and displayed general disruptive behaviour such as throwing items out of his cell. Various tactics were attempted to encourage Mr. Piche to change his behaviour, including counselling sessions, behavioural agreements, and placing him in a holding cell. Unfortunately, he did not change his behaviour. [ 44 ] There does not appear to be information as to what transpired between 2014 and 2016, but Mr. Piche was incarcerated as he moved through the original dangerous offender proceedings. C.

Federal Institutions: 2016 to 2019 (Exhibit PS-16-CSC Material) [ 45 ] Having been designated as a dangerous offender and sentenced on February 2, 2016, to an indeterminate period of incarceration, Mr. Piche was admitted to the Saskatchewan penitentiary in Prince Albert on March 11, 2016. He expressed an interest in pursuing Aboriginal spirituality as he had in the past and was interested in following a traditional Aboriginal healing path. He mentioned he had spoken to the Crisis Line for residential school survivors and felt better talking about his issues.

He did not want to discuss the index offences nor much about his background concerning substances as he was launching an appeal. Given his previous mental health issues around suicide ideation and attempted suicide, he was referred to the penitentiary’s Mental Health Unit. (Tab 59) [ 46 ] A Mental Health Screening Assessment (Tab 60) was completed by a psychologist on April 7, 2016, which indicates the various tests conducted with Mr. Piche. His overall cognitive ability was estimated to be in the Average range. He was assessed as being a moderate priority for mental health follow-up assessment and/or treatment.

He displayed no difficulties with attention that might impact on employment, education, and/or programming. [ 47 ] A Correctional Plan (CP) was developed by Parole Officer (PO) Debbie Rohovich on June 19, 2016 (Tab 66), directed at helping Mr. Piche address the criminogenic factors that contributed to his offending.

She testified in these proceedings that a CP is developed for all inmates which accounts for Static Factors (those that do not change such as a criminal record) (Tab 63) and Dynamic Factors (social factors that can change, such as substance abuse, or attitude). (Tab 64) The CP is developed in conjunction with the offender and his needs. Mr. Piche was assessed as requiring a high level of intervention to address his criminal behaviours.

Areas canvassed included marital/family, personal/emotional, substance abuse, attitude, associates, education/employment, and community functioning, with some being of higher priority than others. The purpose of the plan is to assist offenders as they move through their sentence to improve their behaviour in anticipation of their release back into the community. [ 48 ] A family violence risk assessment (Tab 65) was completed given his history of domestic related violence and the index offences involving spousal violence.

He was rated as a high risk for domestic violence and high risk toward others in a domestic violence situation. ( DOHT 2023 , T29, L8 to 32) [ 49 ] He was noted to have unaddressed sexual violence given his dated history from his previous federal incarceration for sexual offences, as well as more recent displays of sexually inappropriate behaviour toward female staff members. ( Ibid, T30, L25-41) [ 50 ] His motivation to change was found to be “low”, as was his accountability. He would be encouraged to work with staff, Elders, and social workers. An Elder suggested Mr.

Piche attend Aboriginal programming, finish his schooling, and address his mental, physical, and emotional needs. [ 51 ] As Mr. Piche is an Aboriginal offender, PO Rohovich recommended he attend the In Search of Your Warrior Program, a culturally based, high intensity violence program which includes Elder involvement.

The Moderate Intensity Sex Offender Program was also recommended ( Ibid, T30), as was the Elder Social Work Counselling. ( Ibid, T31) Substance abuse was noted as a high need, but a self-administered Computerized Assessment of Substance Abuse returned a low score, indicating there was no link to his crime cycle. ( Ibid, T32, L12-41) [ 52 ] Mr. Piche refused to participate in completing the educational assessment at intake (Tab 64) but was referred to adult basic education. As well, a recommendation was made that Mr.

Piche find a job within the institutional setting and obtain work skills and certificates (such as first aid, CPR). It was also noted that following completion of programming and treatment, and upon exhibiting positive behaviour, Mr. Piche could be considered for Escorted Temporary Absences, and work release options. Of course, this all depended upon Mr. Piche’s motivation to change his behaviour. ( Ibid , T33, L28-40; T34-T35)

[ 53 ] He became agitated and refused to participate in the National Sex Offender Program when asked in November 2016 (Tab 69), saying he was not a sexual offender so could not take the program.

He was placed on a wait list. [ 54 ] By the end of November 2016, he was involuntarily segregated for the safety of the institution. (Tab 70) Incidents of inappropriate behaviour toward female officers were noted in September (inappropriate comment while being patted down), October (using a mirror he held outside his cell to watch a female officer as she walked by), and November (exposing his genitals) which resulted in Mr. Piche being warned on November 15. Two days later, on November 17, he was observed crouching down behind a bookcase in the library staring at a female staff member. Mr.

Piche blamed the officers for his behaviour. [ 55 ] Mr. Piche had been serving in a medium security institution. As a result of his continuing inappropriate behaviour toward female staff despite being told to desist, his refusal of psychological intervention, and his uncooperative attitude, Mr.

Piche was reassessed by the A/Manager of Assessment and Intervention as requiring maximum security and transferred to the maximum security wing of the Prince Albert penitentiary. (Tab 72) ( DOHT 2023 , T71-T85) [ 56 ] Throughout his time in the federal institution from his intake date of March 11, 2016, until he was moved to the provincial institution in June 2019, Mr. Piche continued with inappropriate behaviour toward staff, especially female staff.

On December 6, 2016, he was warned about covering his cell bars with towel and papers, and when the officer tried to remove them, he was verbally abusive and spit at her. [ 57 ] On July 14, 2017, a psychologist noted Mr. Piche had been on suicide watch in February 2017 after being confronted about exposing himself to female staff. He was also upset with his Case Management Team (CMT).

While recognizing that his reports of suicidal thoughts and threats of self-harm should be taken seriously, the psychologist observed “that these thoughts are associated with acute/unaddressed mental health issues is less likely than that they are associated with manipulative intent and long-term personality issues. It is further possible, when he reports acute/unaddressed mental health issues or thoughts of self-injury, that he may be attempting to deflect from discussion of his behaviour or attempting to meet with female staff …” [ 58 ] On August 29, 2017, Mr.

Piche said he was suicidal and was moved from his cell. He spoke to a correctional manager and told them he was not suicidal but wanted to leave the range as inmates owed him a debt and had not repaid him. Mental health services were contacted and advised that Mr. Piche has a history of being manipulative when saying he is having suicidal thoughts. Mr. Piche then said that if he was not moved to segregation, he would attack the other inmates in front of staff and would use a pen or pencil during the attack.

He was placed into segregation and transferred to Stony Mountain Institute (SMI). (Tabs 75-77) [ 59 ] The report from the SMI dated February 05, 2018, was filed as Mr. Piche had requested a transfer to medium security within SMI, which was supported. It noted that Mr. Piche continued to show inappropriate behaviour toward female staff. Since his CP was completed during intake in 2016, Mr. Piche had not participated in any additional interventions, nor made any progress towards his risk factors. (Tab 79) [ 60 ] During 2018 Mr.

Piche spent time at the RPC to address mental health issues. (Tab 82) A treatment plan and CP objectives were set for him, including that he: work with Elders/counsellors to assist with dealing with anger issues toward his intimate partner and father; learn how to develop positive relations with family and address unresolved abandonment, personal loss, and childhood issues; work with counsellors concerning his history of sexual violence and sexually inappropriate behaviour of masturbating in front of staff members. [ 61 ] Unfortunately, despite continued encouragement to begin his healing journey, Mr.

Piche made no progress on any of these fronts. He continued to refuse to participate in the Moderate Intensity Sex Offender Program and his inappropriate behaviour towards female staff members stayed the same. He was intermittently medication compliant and did not appear to value the importance of his medication regime. He displayed poor insight into his behaviour. The report noted: “Firm boundaries are needed as Piche appreciates a black and white routine. He appears to become emotionally volatile when he perceives that he is not getting his way.” (Tab 82) [ 62 ] In 2019 Mr.

Piche displayed much of the same behaviour and lack of progress. In May 2019 a CP update was filed to assess his progress as against his 2016 CP and the Case Management Team’s (CMT) review of his security level. (Tab 85) Mr. Piche had made no progress. He was described as having difficulty setting realistic, long-term goals. He continued to refuse to participate in recommended core programming.

[ 63 ] The Integrated Correctional Plan Model (ICPM) had been introduced by this point and included three distinct correctional program streams for male offenders: a multi-target program, an Indigenous multi-target program, and a Sex Offender Program, all of which included a maintenance component. (Exhibit PS 23; p 13) His CMT recommended he be referred to either the non-Aboriginal or Aboriginal Sex Offender High Intensity Program and the corresponding Institutional Maintenance Program - Sex Offender if required. Mr. Piche indicated he would participate in a non-Aboriginal stream of programming.

However, he continued with his inappropriate behaviour toward female staff, was non-compliant with medication, and was emotionally volatile. While he maintained open communication with his CMT, it was not for the purposes of correctional planning assistance. [ 64 ] Further, Mr. Piche had been encouraged on many occasions to work with the Aboriginal Initiatives staff members to begin his healing journey but had not done so. Although he had initially expressed an interest in participating in cultural intervention and strengthening his cultural ties, he had failed to do so. Nor had he been speaking to Elders.

He also refused to consider the possibility of applying to move to the SMI Pathways unit. (Tab 87) The Pathways Unit is designed for Indigenous offenders who have been interviewed by an Elder, signed a contract, and are accepted into the unit based on their sincerity to practice/learn their traditional Indigenous culture.

If an offender does well in the Pathways program, they could cascade to one of the Healing Lodge facilities which are classified as medium security. (Exhibit PS-23; p 15) [ 65 ] The dynamic factors of marital/family, personal emotional, substance abuse and attitude remained assessed as a “high need for improvement”. Dynamic factors of associates, education/employment and community functioning were assessed as “moderate need for improvement”.

No identified progress had been made in any areas of his dynamic factors and his motivation to address his deficits and engage in recommended programming remained low. (Tab 85) [ 66 ] An Assessment for Decision (Tab 87) outlines the disconcerting behaviour of Mr. Piche over the course of 2018 and into 2019. He continued to masturbate in front of female staff, and attempted suicide on May 5, 2018. A few days later he was observed damaging an institutional guitar and admitted to having the six missing strings in his cell. On June 6 he challenged another inmate to fight and after they were separated, Mr.

Piche attempted to assault him with a broom. On August 8, Mr. Piche spat at another offender and threw water on him while the inmate was locked in his cell. On September 11, 2018, Mr. Piche was seen, on camera, smashing the lock to the music room. In December he repeatedly exposed himself to female staff. This sexually disinhibited behaviour continued from January to April 2019 toward female staff. [ 67 ] The updated Case Plan was discussed with Mr. Piche on May 6, 2019. He lost his temper and threatened “to do whatever it takes” to be moved out of SMI to Saskatchewan.

He threatened to stab himself with a pen or cut himself with a razor if he was not removed from the unit. He indicated he was not safe on the range because he owed a substantial debt. (Tab 86) He was in and out of segregation or on suicide watch until mid-June 2019 at the federal institutions. [ 68 ] Following the successful appeal of his dangerous offender designation and sentence, in late June 2019, Mr.

Piche was no longer a serving federal prisoner and was transferred to a provincial correctional centre to await his next sentencing hearing. [ 69 ] As the multitude of records from the various federal institutions that housed him indicate, Mr. Piche did little to no programing as a serving prisoner in the federal institution from his intake in March 2016 until he was moved to the provincial institution in June 2019. [ 70 ] As will be seen, Mr. Piche’s disruptive, abusive, and inappropriate behaviour continued, unabated, while he was awaiting this sentencing hearing. D.

Provincial Institutions: June 2019 to September 2019 (Exhibit PS-18; Tabs 83-119) [ 71 ] Exhibit PS-18 (Tabs 83-119) outlines some of the issues the provincial institutions handled from approximately June 18, 2019, to September 10, 2019. Mr. Piche was under observation because of suicide ideation.

He returned to previous behaviour that had been observed in earlier reports from his time in the provincial facility in 2010-2014 such as covering his camera; exposing his genitals to staff, forming a gun with his hand and finger and pointing at a nurse, verbalizing threats to staff, verbally arguing with an inmate, and punching another inmate. He continued to resort to threats of suicide when he did not get his own way, such as he had done in August 2019 when told he would be getting a new cellmate. (Tabs 104 -109). E. September 10, 2019, to January 13, 2023 (Exhibit PS-17; Tabs 1-39)

[ 72 ] Mr. Piche continued with his disruptive behaviour towards other inmates, sexually inappropriate behaviour toward staff, and general non-compliant attitude while awaiting this hearing. [ 73 ] He requested a transfer to another unit and was kept in medical cells until a bed became available. He denied suicidal ideation on September 10, 2019, but two days later he attempted to hang himself with a towel in his cell. By September 16, 2019, he was again verbally disparaging and swearing at staff. He was transferred to the Regina Correctional Centre.

Things seemed to go well until he was again on suicide watch on October 10, and Oct 24, 2019. He continued to cover the cell camera with wet toilet paper and his cell window with a blanket. He would cover the camera with his left hand while he masturbated with his right hand every time a female employee was in the area. (Tab 2) His general disruptive behaviour led to Mr. Piche having to be pepper sprayed or restrained. On other occasions he would hide under his mattress and on one occasion he jumped up on the sink. The year 2019 ended with Mr.

Piche being involved in an altercation with another inmate. [ 74 ] The year 2020 was much the same as 2019 with Mr. Piche involved in altercations with other inmates, swearing and throwing things at staff, having suicide ideation, causing self-harm by repeatedly hitting his head on the sink, and constantly masturbating in front of female staff. When he was moved to a cell that did not face the staff desk, he yelled at staff and said he wanted to move back to his cell so he could better observe the unit.

He also told them he would not hit a guard unless he had to and that he was not afraid to hit a guard. (Tab 11) [ 75 ] Around the end of June 2020, he was transferred to the PACC. Further general disruptive and aggressive behaviour continued, including breaking his television, engaging in physical altercations with other inmates, flooding his cell, and having suicidal ideation. It was during this period he was charged with assaulting an inmate by coming up behind him and hitting him. (Tab 13) Threats of suicide continued with Mr.

Piche threatening to stab himself with a pen on November 13, 2020, after he accused staff of making things hard for him. (Tab 15) This type of disruptive behaviour continued to the end of 2020. (Tab 16) [ 76 ] Mr. Piche completed a behavioural plan on January 25, 2021, agreeing to certain conditions, such as following staff directions, not getting into fights and following unit rules. (Tab 17) Things appeared to go well initially, but by the end of March 2021, Mr.

Piche was threatening suicide and placed on continual observation until he was cleared on April 5. (Tabs 18 and 19) Disruptive behaviour was noted on May 9, 2021, when he made obnoxious noises and yelled at staff. He was locked in his cell and began kicking and punching his cell door and threatening to hit staff as soon as his door opened. The next day he was removed from the cell and continued verbal abuse toward staff. A nail was found on his bunk, and he had scratched the wall with it.

He was again placed on suicide watch. (Tab 20) [ 77 ] From May until mid-June 2021, there were no incidents, and he followed the behavioural plan. On June 8, 2021, he was observed fighting with another inmate. On August 23 he yelled at another inmate for looking at him. Similar disruptive and self-harm behaviour such as swearing at and threatening staff/other inmates and banging his head on the sink were observed. He was on suicide watch in December 2021 and threatened to rape all the white male staff when they had their backs turned and said he was going to spit and throw urine on staff as they walked by.

This outburst was precipitated when Mr. Piche became angry at staff for refusing to turn out the light in the medical cell. He was cleared from suicide watch on January 4, 2022. (Tabs 21 to 28) [ 78 ] The year 2022 was much the same as 2021 with Mr. Piche getting into arguments with other inmates and using derogatory and threatening language toward staff, as evidenced by the numerous records in Exhibit P-17 and the evidence of a Correctional Officer. ( DOHT 2023 , T87-104) He was in and out of the medical cells on suicide watch.

On February 4, 2022 (Tab 29), he called the nurse a racist name, then denied it although others had heard him, and proceeded to loudly yell more insults as he was locking up in his cell. His yelling was getting the entire unit agitated and it was locked up. As the guards tried to remove Mr. Piche from his cell, he refused to present his hands for cuffing, and threatened to stab himself with a pen.

Pepper spray was deployed, and he eventually complied and was removed from his cell and the unit. [ 79 ] Over the course of 2022 and into 2023, he maintained inappropriate behaviour by making obscene remarks and gestures toward staff. He also yelled at and assaulted other inmates. A Correctional Officer from the PACC testified that Mr.

Piche’s behaviour varied from week to week. ( DOHT 2023 , T105-114) [ 80 ] On March 25, 2022, he was observed masturbating while watching medical staff from his cell window. (Tab 30) The nurse involved testified during these proceedings that she was waiting for clients to line up for their medications. She observed Mr. Piche in his cell, clearly watching her while he masturbated. Despite the nurse trying to move out of his line of vision, Mr. Piche moved around his cell so he could continue to observe her and masturbate.

This behaviour made her uncomfortable and worried for her safety as she had dealt with him over a hundred times and saw him on nearly a daily basis. She testified that he had previously called her a “cunt” on

multiple occasions. ( DOHT 2023 , T117 to T128 at T121) [ 81 ] In January 2023 he refused to leave his cell during his group’s free time, as he felt he would have to fight. He believed the staff were trying to set him up by not keeping him locked up like he wished to be. (Tab 39) [ 82 ] David Wall, the Assistant Deputy Director of Programs at the PACC testified about Mr. Piche’s general behaviour. ( DOHT 2023, T129-T163) I find his observations were borne out by other evidence such as log notes and documents submitted from his behaviour in provincial correctional centres and viva voce evidence. [ 83 ] Mr.

Wall explained that Mr. Piche started out well and did well for four to eight weeks. However, once he got comfortable in an area he tended to not do so well. ( Ibid, T134, L4-6) Attempts to change Mr. Piche’s behaviour through discussions with him and recommendations to lower his security level provided little to no results. Repeated interventions had little impact upon his behaviour. [ 84 ] Mr. Wall testified that as he entered the courtroom before giving evidence on March 1, 2023, Mr.

Piche looked at him, raised his middle finger and said something along the lines of “fucking white bitches”. ( Ibid , T154, L14-19) [ 85 ] Mr. Piche’s continued to display negative behaviour toward correctional staff even after the evidence in this hearing had ended but before argument by the parties had been heard. The Crown was granted leave to file additional evidence, being the affidavit of David Wall (Exhibit PS-26). Mr. Wall stated that on March 8, 2023, Mr. Piche was out of his cell for free time. Mr.

Piche raised his middle finger and called him a “fucking white ass bitch” and “Nazi mother fucker” and told him “You’ll see, I’ll be out in a year and then you’ll see. I’ll see you then.” . DEFENCE EVIDENCE [ 86 ] At the original sentencing hearing in 2015, Mr. Piche testified as did his father Clement Piche (Exhibit PS-14; Tab 2B) and sister, Carol Piche (Exhibit PS-14; Tab 2B; T251-256). I have already touched on Clement Piche’s evidence. Unfortunately, he passed away a few years prior to these proceedings. Ms.

Piche did not offer much evidence about their familial background but did indicate she would help support and encourage her brother to attend programs. Mr. Piche does not appear to have a close relationship with his sister. [ 87 ] Mr. Piche acknowledged that when he was released on his WED in November 2004, he telephoned his institutional parole officer and said “stupid stuff” that he did not really mean but it just came out. (Exhibit PS-14; T450, L7-T451, L-3) This parole officer had testified at the dangerous offender hearing in 2015 (Exhibit PS-14; Tab C; T329-345).

She was his institutional parole officer in the Edmonton penitentiary, and prior to his release on warrant expiry he was transferred back to the Saskatchewan penitentiary. He telephoned her at the Edmonton institution to talk to her after his release on the s. 810.2 preventative recognizance. He asked why she never called him and said he wanted her to quit her job and move from Edmonton to where he was living. She had testified that Mr. Piche was the only offender who had ever contacted her after release. She repeatedly told him not to call her.

He said he would continue to call her the next day and mentioned he was suicidal. She phoned the Fond du Lac RCMP. It appears he did not contact her again. [ 88 ] At the initial dangerous offender hearing, his plan upon release was to finish his education, get a job and help his children. He wanted to return to Fond du Lac, stay away from bad influences, not drink, play guitar, and make music. He no longer wanted to be with Fernanda because she did not want to change or stop drinking, but he did want to be with his daughter. He would live with his dad and get some help.

He wanted the opportunity to do good things. He said he had learned to respect the law. (Exhibit PS-14; T458, L23- T462, L25) [ 89 ] In cross-examination Mr. Piche admitted responsibility for his violent criminal convictions, including the predicate offences, the two sexual assaults, as well as the inappropriate sexual behaviour toward female correctional staff and uttering threats towards them. He admitted trying to masturbate while the probation officer was interviewing him for a PSR. He denied he was angry with Dr. Lohrasbe and said his mindset was still focused on what had happened in the past.

He said he was dealing with other things and that is why he did not want to discuss the sexual assaults and other offences with the doctor. (Exhibit PS-14; T463, L15-T466, L23). He admitted he lied to corrections about his father being abusive toward him. (Exhibit PS-14; T466, L24-T467, L18) [ 90 ] Mr. Piche said he needed to make changes and had to look at himself and fix himself by taking appropriate steps to deal with things and “not lash out or just walk away from help that I keep getting all the time”. Yet when pressed that he had said this before at

other court proceedings, he denied it. When faced with the transcripts, he agreed he probably said those things, but he did not know. He acknowledged he said he wanted to change because of his daughter. He felt if he had the opportunity, he could change his life around. (T468-476, L6) He later agreed that despite having people who wanted to help him and support him while he was incarcerated, and despite being given chances in the past to change, he did not take them. [ 91 ] Mr.

Piche testified at the 2023 proceedings. ( DOHT 2023 , T293-307) He had some difficulty following counsel’s questions, whether they were posed by his lawyer or the prosecutor. [ 92 ] He has had no contact with Ms. Crookedneck since 2016 or 2017 and while she has never let him see their two children, he continues to support the children financially. (T294) He said she has a new life, and he would like to have a new life too. (T296) When asked if she had any reason to fear him, he replied “I don’t know.

I can’t read her mind, no”. (T297) [ 93 ] He testified he has been calling the crisis line for survivors of residential schools since about 2014. While he was hesitant to talk at first, after about a year he decided to talk and now speaks with them weekly. He said they are professional, and he trusts them. He said they have helped him to talk about things and overcome his shame for what happened in the past, and that he does not have to put blame on others or be afraid. He now sees where his problems are and no longer wants to push away help.

He credits them with helping him a lot with his anxiety and mental health. (T296) [ 94 ] Mr. Piche said he recognizes that he has been running from his past but that did not help him. By talking to the counsellors on the telephone, he knows that his problems stem from mental health. (T297) He said he would “probably give, like, 70 percent, 80 percent effort” this time because he knows he needs help. (T297) He said he never put effort in before because he was running from his past. (T298) [ 95 ] As for the future, Mr.

Piche testified his plan for release is to go to Fort McKay, Alberta as he has had contact with a cousin who works in the mine there and has an office in the community. He said he had contact with her in 2014 or 2015 and she would support him to stay out of trouble. ( DOHT , 2023 , T295) I note CSC prepared a Community Assessment of this individual in February 2019 (Exhibits PS-16; Tab 84) as they were concerned Mr. Piche was sending her large sums of money, and he may by attempting to pay off debts to other offenders by sending money to their relatives. CSC spoke to her and were advised she had never met Mr.

Piche but had found him on social media, sent him a letter, and spoke to him once on the phone. She said she asked around and believed their fathers were cousins but could not name his father. She was not aware of his offending behaviour, the predicate offences or his dangerous offender designation. She said he had sent her money for her own benefit and that of her four children, and that she had sent some of the money to another person for his family but could not provide any documents to confirm the transaction.

She advised that while she could offer moral support to him, she was not able to offer him any other assistance. CSC provided this information to Mr. Piche (Exhibit PS-16; Tab 85 at p 12) and advised him they would not authorize any further money transfers to her. I note the CSC document does not mention whether she previously worked in the mining industry, but at the time of the interview, it is noted she was receiving social assistance. It appears Mr. Piche has forgotten the information concerning this woman, or ignored it, or does not care. Mr.

Piche has not had contact with this person for many years and knows nothing about her. Insofar as a release plan, this is simplistic and unrealistic. [ 96 ] Mr. Piche had difficulty answering the prosecutor’s questions and was easily flustered and confused when parts of a previous sentencing transcript were put to him. (T298 -306) He did grudgingly agree that he spit on an officer and was sentenced in Prince Albert on July 14, 2022 (T304) but could not remember what was said at the sentencing.

When pressed on whether he had said he was not remorseful, and whether he agreed the sentencing transcript he had been shown was accurate, he responded: I don’t know, man. I just don’t remember. My mind is just all over the place right now. I’m running from –I don’t know. I’m just fighting the whole world right now, and my mind’s all over the place, so I don’t know what you’re trying to get at here. [ 97 ] Having heard Mr.

Piche’s evidence, it appears he has a rudimentary understanding of what fuels his violent, criminal behaviour, but has no understanding of the work involved in addressing those factors that contribute to his offending behaviour and how that can reduce his risk to reoffend. He seems to think if he just sits down and talks to someone, and “just face it and man up about myself” that will be sufficient. (T297) [ 98 ] Mr.

Piche has much difficult work ahead if there is to be any progress in addressing his criminogenic factors to reduce his risk to reoffend in a violent manner. [ 99 ] I now turn to the two assessments that were ordered by the Court and completed by Dr. Lohrasbe for these dangerous

offender proceedings and corresponding viva voce evidence. FORENSIC ASSESSMENTS [ 100 ] Dr. Shabehram Lohrasbe, is a qualified medical practitioner who has been practicing psychiatry, principally forensic psychiatry, for approximately 40 years.

His expertise in providing opinion evidence in dangerous offender proceedings is documented in his curriculum vitae . (Exhibit PS-10 and PS-22) By agreement, he was qualified as an expert able to provide opinion evidence in the areas of assessment, treatment, and management of serious violent offenders, including sexual offenders; assessment of risks relating to violent offenders and management of such risk; and the diagnosis and treatment of mental health disorders including sexual deviance. [ 101 ] Dr. Lohrasbe prepared two reports for these dangerous offender proceedings.

The first was completed on November 29, 2013 (Exhibit PS-9), after he had interviewed Mr. Piche and reviewed numerous materials concerning his offences, provincial and federal institutional documents, pre-sentence reports and other information that was available up to that date. [ 102 ] A second report dated October 25, 2019 (Exhibit PS- 21) was based upon the previous assessment and additional materials from 2013 to 2019 provided to him, but without interviewing Mr. Piche. He had attended to interview Mr. Piche, but Mr. Piche refused to speak to him as he wanted a Dene interpreter present.

No such request had been made prior to the assessment being ordered and Dr. Lohrasbe was unable to accommodate another date. [ 103 ] Dr. Lohrasbe testified in the 2014 proceedings (Exhibit PS-14; T12-167) and at these proceedings, ( DOHT, 2023 ) He maintains his observations, assessments and opinions contained in the written assessments. A. Assessment - November 29, 2013 (Exhibit PS-9) [ 104 ] The first assessment was completed in person with Mr. Piche. Dr.

Lohrasbe found his dominant affect was anger, with the foci being his childhood abusers, the justice system, his common law spouse (and victim on the predicate offences) Fernanda and her family, and his trial lawyer. Discussion about his past offences resulted in Mr. Piche becoming increasingly resentful and agitated such that it appeared he was barely under control. (p 3) [ 105 ] While detailed neuropsychological testing was not done, Mr. Piche did agree to participate in brief cognitive testing. The Montreal Cognitive Assessment, a rapid screening instrument for mild cognitive dysfunction, was applied.

This test assesses different cognitive domains: attention and concentration, executive functions, memory, language, visuo-constructional skills, conceptual thinking, calculations, and orientation. Mr. Piche’s score indicated significant cognitive dysfunction. His deficits are not uniform. His score on orientation and visuospatial/executive functioning was unremarkable, and he had minor problems with attention. He had significant problems with naming and language. On the screening tests of abstraction and delayed memory, his scores were the lowest possible.

The implications for treatment and risk management are that Mr. Piche will have difficulty retaining what he does learn and will struggle with applying knowledge and strategies in situations beyond the familiar and concrete. (p 3) [ 106 ] Dr. Lohrasbe noted that “complicating the assessment of memory deficits is the likely presence of confabulation. Mr. Piche tended to “fill in” gaps in his memory. Confabulation is the unconscious filling in of gaps in memory without any awareness that the memory is false. He noted that “Mr.

Piche may be an unreliable historian regarding at least some events, both because he does not want to provide accurate information and because he cannot do so”. [ 107 ] After reviewing the materials, Dr. Lohrasbe provided the following opinion:

a) Personality Disorder (p 26-27) Mr. Piche displayed significant personality dysfunction with mixed features of antisocial (repeated lawbreaking, aggression, etc.), borderline (unstable affect and identity), narcissistic (excessive self-regard) and paranoid (suspiciousness and projection of malevolence) personality traits, which he referred as “Mixed Personality Disorders (although not a formal diagnosis in the DSM). Unusual features for Mr. Piche were the relatively late onset and late escalation. He did not begin offending until his twenties and has had more frequent convictions for violence as he has aged.

b) Substance abuse and its neuropsychiatric consequences (p 28-29) Dr. Lohrasbe found that “Chronic and multiple substance abuse is clearly an issue. There are widespread long-term risks associated with chronic or severe abuse, and of particular importance is the damage to the central nervous system and brain”. He noted, at p 28-29: During my interview with Mr. Piche, I was struck by what I can best characterize as his “organicity”, a subjectively perceived quality that is difficult to describe, that is sometimes seen as a long-term consequence of inhalant abuse.

Organicity is a mixture of concreteness, naivete, bewilderment and fearfulness, uncomprehending disbelief when confronted with contrary information, poverty of content of thinking, rigidity and stubbornness, and an overarching inability to “connect the dots”. Importantly, these qualities come across as settled and unyielding in the person, in contrast to the strategic, evolving, and situational lack of insight, denials, and evasions often seen among those who are obstinate and manipulative, but neurologically normal. To put it another way, Mr.

Piche may be unable, not simply unwilling, to step away from long standing beliefs and perspectives about himself and others (beliefs and perspectives that cumulatively feed his chronic anger). His lack of insight is profound, and unlikely to change in the foreseeable future.

c) Sexual Deviancy (p 29) Dr. Lohrasbe acknowledged Mr. Piche’s known acts of sexual violence, together with his repetitively inappropriate sexual behaviors during prior incarcerations, raised the possibility of sexual deviancy. However, upon his review of the file he found that his behaviors were limited both in terms of context and time frame, and not an enduring pattern. He did not believe that Mr. Piche could be diagnosed with any sexual deviancy. [ 108 ] When addressing Mr.

Piche’s risk factors, he found his history includes three kinds of violence: spousal violence, sexual violence, and general (non-spousal, non-sexual violence). [ 109 ] He assessed his risk for sexual violence as being in the range of low (if aging and lack of offending for 15 years are given primary consideration) to moderate (if the fact that he is an untreated sex offender, and the “unknowns” of his prior sexual violence are given primary consideration). (p 31) [ 110 ] His risk for general violence, being non-sexual and non-spousal, was assessed as high. (p 31) While each act of violence may not have been especially serious, the doctor noted that Mr.

Piche has not internalized the notion that violence is an unacceptable way to deal with conflict. [ 111 ] With respect to spousal or domestic violence, this area was of greatest concern. Dr. Lohrasbe applied the SARA (Spousal Assault Risk Assessment) which contains 20 risk factors. He found Mr. Piche had an overwhelming number of risk factors, and as such, there was a high risk for future acts of spousal violence. (p 32-36) [ 112 ] Concerning his Clinical Formulation of Risk (p. 36), Dr. Lohrasbe found that Mr.

Piche’s file contained repetitive descriptions of impulsive behaviour which appeared to be long-standing and broadly expressed. He found this was a risk factor of major significance, as he has been impulsive in multiple ways, across a variety of situations, and over a lengthy period of time. It was not a situational presence in his life, but a prominent trait. Damage to the brain caused by inhaling toxic substances results in impairment in impulse control. As intimate partners are a frequent source of frustration, they are often at highest risk from a partner with impaired impulse control.

As noted at p 37 -38: Put together with the learning deficits that result from subtle brain damage, it can reasonably be hypothesized that Mr. Piche is likely to continue to: a. Easily get frustrated by the stressors of everyday life b. react quickly and angrily when frustrated c. strike out at the sou

[…]