KENTVILLE, N.S. — KENTVILLE, NS - A Yarmouth man who was declared a dangerous offender in 2014 and sentenced to indeterminate custody has been denied day parole and full parole.
The Parole Board of Canada (PBC) recently conducted an in-office review of the case of Gordon Frank Nickerson, 42, a second-time aboriginal federal offender. Nickerson provided written comments for the review, which resulted in the board denying him day and full parole.
Nickerson pleaded guilty to all 12 charges against him in April 2012. The Crown made application to the court at that time to have Nickerson declared a dangerous offender.
At a sentencing hearing in September 2014, Judge Alan Tufts said there are four avenues for the Crown to seek a dangerous offender declaration and, if Nickerson met any of those four sets of criteria, the court must find him dangerous.
These include a pattern of repetitive behaviour, a pattern of persistent aggressive behaviour, an offence of a brutal nature and failure to control sexual impulses. In summarizing his written decision, Tufts said he was satisfied “beyond a reasonable doubt” that Nickerson met all four sets of criteria.
Nickerson was arrested on Feb. 29, 2012. He was charged with two counts of kidnapping; two counts of committing sexual assault while carrying a weapon or imitation weapon, breaking and entering a house and committing the indictable offence of kidnapping, among other charges.
Nickerson was charged also with two counts of assault; dangerous driving and failing to stop after being involved in an accident with the intent of escaping civil or criminal liability.
According to file information, Nickerson had entered the residence of his intended victim to wait for her and confront her. A close family member of the victim entered the residence and Nickerson sexually assaulted her and bound her with duct tape.
When his intended victim arrived home, he bound her as well. Nickerson forced the two victims into a vehicle and violently sexually assaulted his intended victim. He was armed with a knife and threatened the women to gain compliance.
Nickerson drove the vehicle with the women inside. When he slowed down, they attacked him and exited the vehicle. Nickerson sped through traffic, went through the intersection of Commercial Street and Middle Dyke Road in New Minas and caused a collision. Nickerson fled the scene.
Victim impact statements were submitted to the court and the PBC received a victim statement in March 2017. According to a written decision from the PBC, these statements “clearly outline the significant emotional and mental trauma you (Nickerson) have caused your victims and how your behaviour continues to have lasting negative impact upon their sense of personal security and well-being.”
ASSESSING NICKERSON’S CASE
Nickerson committed his current offences within nine months of the Warrant Expiry Date (WED) of his first federal sentence. During his first federal sentence, the PBC granted Nickerson day parole and he remained in the community for two years. His release was suspended after he failed to report a relationship, breaching a special condition to do so.
The latest psychological assessment of Nickerson completed in October 2018 indicates that he is at a high risk for general, violent and sexual recidivism if he is released in the community. An assessment completed in 2017 indicated that Nickerson had “Borderline Personality Disorder along with narcissistic and antisocial traits.” According to the Spousal Assault Risk Assessment (SARA), Nickerson’s imminent risk of violence toward a partner and others is high.
Nickerson waived his right to a hearing and did not provide the Correctional Service of Canada (CSC) with a release plan. A community strategy was not sought because there are no confirmed release destinations for Nickerson. Nickerson’s Case Management Team (CMT) recommended that he be denied day parole and full parole.
The most recent correctional plan on file for Nickerson, from January 2018, identified personal-emotional and marital-family to be in “high need for improvement.” This remained unchanged from Nickerson’s intake assessment.
The board noted that Nickerson’s criminal cycle began at an early age and that he has an “extensive, serious and violent criminal record.”
The parole board decision states that Nickerson’s “index crimes represent an escalation in the severity of your (Nickerson’s) criminality and in addition to causing significant emotional trauma to your victims, had the potential for tragic consequences.”
The decision went on to state that Nickerson’s risk of violence is agitated by poor emotions management and unhealthy relationships. His current offences repeated earlier criminal behaviour involving violent sexual crimes.
“The board believes this demonstrates the type of serious and violent crimes you (Nickerson) are capable of committing, and an ongoing propensity for gratuitous sexual violence,” the decision states.
“The board considers this to be aggravating in your likelihood to reoffend.”
Nickerson has successfully completed some programming during his second federal sentence. The decision states that he has gained some insight into his risk factors and how they were impacted by his aboriginal social history. He has embraced culturally appropriate ceremonies and activities and has been engaged with elders.
However, the board notes that there is still reluctance on Nickerson’s part to be open and transparent with his CMT and to follow the team’s direction and guidance in order to continue addressing his risk factors and prepare for a gradual reintegration into society.
