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PAROLE BOARD OF CANADA


DECISION
OFFENDER INFORMATION :
Name : ATWAL, RAJINDER SINGH FPS :
Institution : FILE NO :

TYPE OF REVIEW :
▪ DAY PAROLE - PRE RELEASE (PAPER)

PANEL INFORMATION :
OBSERVER (S) PRESENT (except during deliberations) : NO ASSISTANT PRESENT : NO
EXCLUDED FROM PART OF HEARING : NOT APPLICABLE ELDER /ADVISOR : NO
REASON : NOT APPLICABLE

FINAL DECISIONS :
DAY PAROLE - PRE RELEASE CONTINUED 2019-06-18

Day Parole continued for six months with special conditions imposed.

LEAVE PRIVILEGES :

LEAVE PRIVILEGE FOR DAY PAROLE - PRE RELEASE - REGULAR


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

SPECIAL CONDITIONS :

DAY PAROLE - PRE RELEASE

Condition Status

▪ NOT TO CONSUME ALCOHOL IMPOSED


Not to consume, purchase or possess alcohol.

▪ OTHER SPECIAL CONDITION IMPOSED


Participate in counselling with a mental health professional to address problem solving,
emotional regulation, and communication and conflict resolution in your intimate/family
relationships.

▪ OTHER SPECIAL CONDITION IMPOSED


Immediately report any stressors or family conflict you experience with your immediate
family members to your parole supervisor.

▪ AVOID PERSONS - VICTIM(S) IMPOSED


No direct or indirect contact with the victim's boyfriend or any members of his family.

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

NEW INFORMATION SHARED WITH THE OFFENDER : NOT APPLICABLE

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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REASONS FOR DECISION(S) :


Mr. Atwal, the Board conducted an in-office file review to make a decision about your continued
day parole and application for full parole. You were granted day parole for a period of 6 months in
December 2018. This is your first period of day parole during this sentence. The Correctional
Services of Canada (CSC) is recommending full parole, but if full parole is not granted, a
continuation of day parole.

It is the Board's job to assess all relevant information to determine whether or not your release will
constitute an undue risk to society, and whether your release will contribute to the protection of
society by facilitating your reintegration into society as a law-abiding citizen. Undue risk is an
assessment of your likelihood of re-offending, taking into consideration the nature and gravity of
the offence that could be anticipated, should you re-offend, and your degree of responsibility.

Applying the criteria to the factors in your case, the Board continues day parole and orders a
hearing to assess full parole.

In making its decision, the Board considered the following information.

Overview of Current Sentence and Criminal History

You are a 62 year old first time federal offender serving a life sentence for Second Degree Murder.
A lifetime weapons prohibition was imposed and a DNA order was made.

In July 2003 you murdered your 17 year old daughter by stabbing her multiple times. You were
upset with her decision to move away from the family to be with her boyfriend in another city. You
stabbed her repeatedly while she was seatbelted in your vehicle. You placed her body in the foot
well of the vehicle and covered her with a blanket. You drove for hours, past hospitals and police
stations, before stopping and taking her to a Lower Mainland emergency room. You told the
emergency room personnel that her wounds were self-inflicted. After being interviewed by police,
you were arrested for her murder.

The sentencing judge referred to your crime as a cold, brutal, and sober attack on your completely
defenceless young daughter, carried out with the intention to cause her death. The judge also
concluded that there was forethought to your actions that day. She called your crime the ultimate
breach of trust by a parent, motivated by your disagreement with your daughter's life choices,
namely that she was dating a man from a different ethno-cultural background from your own. You
reportedly told your daughter that she was a disgrace to the family.

The judge referred to the victim statements of your daughter's boyfriend and his father. Your
daughter had spent much of her last two years at their home. The judge recognized that they were
traumatized, and haunted by guilt, regarding the murder. There were also victim impact
statements from several of your daughter's friends who were impacted by her death. The judge
also referred to many letters of support filed on your behalf by friends and family members.

In deciding on a parole eligibility date, the judge considered cases of second degree murder
where the offenders were in a position of trust, or were familiar to unsuspecting victims, and
whose killings involved extreme violence and physical brutality. The judge set parole eligibility at
16 years from the date of arrest, and you are now approaching that date, July 30, 2019.

Initially you appealed your conviction, but the appeal was abandoned. You have subsequently
admitted to killing your daughter.

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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Analysis of Risk
Analysis of Your Criminal, Social, and Conditional Release History

In terms of actuarial measures of risk (standardized methods of estimating the risk of a particular
event occurring using statistics), your score on the Statistical Information on Recidivism (SIR)
scale suggest four out of five offenders with a similar profile to yours will not commit an indictable
offence after release. You were assessed using the Spousal Assault Risk Assessment (SARA) in
2005, and found to be moderate risk to violently reoffend against a spouse, and a low risk to
others that you perceived to be interfering in your relationship.

A psychological assessment completed at the beginning of your sentence noted that you moved to
Canada from India in 1975 at the age of 19. You met your fiancé, an arranged marriage, for the
first time at the Vancouver airport in 1977. You were married in 1978. Your file notes a police
report that says you physically assaulted your wife on your wedding night. (The Board
acknowledges your wife's submission that this is false information, but the report of the police
report is still on file and no further information from the police has been provided.) You had three
children. In about 1996 your son left home in part because you disapproved of his choice of a
girlfriend. You report at least two incidents of violence toward your daughter prior to her murder.
These points regarding your history show that the violent confrontation with your daughter that
ended in her murder was not an isolated incident.

The psychological risk assessment completed in September 2018 rates you at a low risk for
violent reoffending using a number of standardized measures. The violence risk is not likely to be
imminent, however there is a moderate risk of serious harm if you were to be violent. If you were
violent, future victims would likely be an intimate partner or a family member. The psychologist
notes that risk factors may include difficulty dealing with stress and not seeking help if you
experience interpersonal difficulties.

You have a previous criminal conviction from 1991 for Fail or Refuse to Provide a Sample.

Analysis of Factors Affecting Self-Control


Your initial psychological assessment identifies some of the factors that may have contributed to
your decision making in committing the murder of your daughter: patriarchal attitudes; controlling
personality; poor decision making; heavy drinking.

A 2016 psychological assessment said that your offence cycle included a set of values and beliefs
that you felt allowed you to control your family and children. The psychologist commented that you
were more concerned with the perception of how you looked in the eyes of others in the
community than you were about understanding your daughter and her experience as a second
generation South Asian woman.

As identified in more recent psychological risk assessments, areas that may lead to problems for
you are poor problem solving, poor emotional regulation, difficulties with communication and
conflict resolution in your intimate relationships, and substance abuse.

While substance abuse, specifically alcohol, was not a factor in the current offence, you did have
some issues relating to drinking and driving in your past. As well, your file notes that you admit to
a previous occasion where you assaulted your daughter while under the influence of alcohol. Your
file notes that you have claimed you have not had a drink since 1998.

The most recent psychological risk assessment from September 2018 notes the following as

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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indicators of increased risk: controlling behaviour and poor communication skills within your
intimate partner and familial relationships; poor anger management; rigid attitudes and thinking;
verbal outbursts; poor problem solving; and being overly concerned with your image.

Analysis of Your Responsivity to Programming and Interventions


To address your risk factors, you have completed programming during incarceration including the
Integrated Correctional Program Model (ICPM) Primer Multi-Target, and Multi-Target Moderate
Intensity Program, and the Institutional Maintenance Program-Multi-Target.

Since 2016 you have completed two cycles of the ICPM Multi-Target. The program report says
that you had a commitment to manage your risk factors, which was a noted improvement from the
beginning of the program. The report noted that you had not had the opportunity to demonstrate
that you could apply these skills while under pressure in a family setting. The report concluded
that while you expressed positive beliefs supportive of healthy family relationships, you had not
been put to the test to show that these beliefs would hold up if a family member were to challenge
your ego or status.

Most recently, while on Day Parole, you completed the ICPM Community Maintenance Program.
The facilitator reported that you successfully completed the program, and that your overall ability
and commitment to use the skills required to manage your various risk factors had increased
slightly, but remained rated as moderate. The facilitator commented on the fact that you had been
successful at rebuilding some positive family relationships. Based on her review of your file and
contact with your CMT, she felt that you were managing your risk factors in a positive manner, and
that you had made positive gains in this round of maintenance programming.

The Board is encouraged by your continued participation in programming, but notes that you have
only been in the community for six months, and you will need to be vigilant about using the tools
you have learned given the severity of your offence.

Analysis of Your Institutional and Community Behaviour and Demonstrated Change


There have been no issues noted with your institutional behaviour throughout your entire
incarceration. You participated in family visits while incarcerated, and then on Escorted Temporary
Absences (ETAs) beginning in June 2017. On ETAs you attended some Alternatives to Violence
mini-workshops. There were no concerns noted while on ETAs which proceeded over the next two
years.

CRF staff have not identified any concerns with your behaviour since your arrival. They observe
that you are a quiet individual who completes his chores as required, and presents no issues with
curfews. The CRF is within walking distance of your family home, and your wife, your son and
daughter in law, and their children reside at the home. You have been spending your days at your
family home, and returning to the CRF for curfew and to sleep.

It is reported that you are enjoying spending time with your grandchildren and other family
members while on day parole. You are focussed on caring for your wife who recently had surgery.
CSC reports that your family members, who have had increased contact with you while on day
parole, have no concerns about their relationship with you, and are supportive of you returning
home. CSC reports that you have also participated in several weekend passes to your home
without concern. At this point you are simply returning to the CRF to sleep, while spending most of
your time at the family home.

Your CMT comments on the changes in your family since the time of the murder. At that time you
were the breadwinner and the family patriarch. Your children were young. Now your children are

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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grown and have made their own lives. You are no longer the sole or primary decision maker for
the family.

Analysis of Your Release Plan and Community Supervision Strategy

If day parole is continued, the current release plan/supervision strategy will remain the same. You
will continue to reside at the same CRF, and will be expected to use your time productively and
maintain a heathy relationship with family members.

If full parole is granted, the plan is that you will reside in your family home in CSC reports
that they have had contact with all adult family members living in the home, and they are all
supportive of your release to the home on full parole. There are positive community assessments
on file for all these family members.

Although you are not expected to find employment, you will be supported if you choose to do so.
You will be referred to the community employment counsellor for assistance. You have completed
the community maintenance program and there is no further recommendation for maintenance
programming. You will continue to be closely supervised by your CMT, and it is expected that you
will maintain an open and honest relationship with them. You will be expected to abide by a
number of special conditions imposed by the Board in order to manage your risk. Your CMT will
keep in regular collateral contact with your family members to ensure that you all continue to
function as a cohesive family unit. Family members will also advise the CMT of any concerns that
they have.

Concluding Analysis
In making its decision, the Board must keep at front of mind the brutal nature of your crime,
committed against a victim who, as your child, should have been able to look to you for protection.
The Board recognizes the lasting impact of your crime on those close to your daughter. The Board
also recognizes that the sentencing judge, in imposing a parole eligibility date of 16 years, felt
your crime was a selfish act of the highest order, beyond the comprehension of any reasonable
person.

The Board must take into account all of the risk factors that are present in your case. The most
recent psychological assessment indicates that overall you are assessed as a low risk for violent
reoffending while on day parole. While you have made progress in programs relating to managing
risk factors, the Board has some concern that you may tend to minimize the challenges that you
might face in the community. However, the Board recognizes that you have learned skills to help
deal with those challenges, and you will be required to work with your CMT to manage challenges
as they arise. Under the plan presented, you will remain under close supervision in the community,
and your compliance with special conditions will be monitored.

Further the Board must consider current information with regard to your behaviour. Your most
recent program report says that you are managing your risk factors in a positive manner. You have
had a successful period of day parole where you have been spending full days and some
weekends at your family home with no issues. Your family is supportive of you being at home on
full parole.

It is not the Board's job to re-try your case, or to pass judgement on your crime. That has already
been done by the courts. It is the Board's job to evaluate all the information presented, and to
decide whether your release will constitute an undue risk to society. Weighing all the factors in
your case, and considering the plan proposed, the Board is satisfied that you will not, by
reoffending, present an undue risk to society on a period of continued day parole. Consequently,

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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the Board continues your day parole for a further six months.

While it appears that you are behaving appropriately while in the community, you have only been
in the community for six months and you have been convicted of a very serious crime that arose
out of unique family and cultural dynamics. On full parole, you wish to return to your family home
and live in an environment where it is possible that some of the same stressors that contributed to
murdering your daughter could arise. As a result, the Board orders a hearing to assess this
broader form of parole.

With regard to the period of continued day parole, the Board authorizes overnight leave in
accordance with the rules and regulations of your CRF, not to exceed PBC policy. This is
reasonable and necessary to support your reintegration to society.

Special conditions:

The Board imposes the following conditions on your continued day parole, for the duration of your
parole or until modified or changed by a future board, because they are reasonable and necessary
in order to protect society and to facilitate your successful reintegration into society. These
conditions are continued from your current period of day parole.

1.No direct or indirect contact with the victim's boyfriend or members of his family.

The victim's boyfriend expressed fears for his safety following the offence. Any contact with him or
his family would be an escalation of your risk to reoffend. This condition is necessary to protect
the victims.

2.Not to consume, purchase or possess alcohol.

Use of alcohol has led to risky and impulsive behaviour in the past, including a previous assault on
your daughter. You have past history with consuming alcohol and driving. Use of alcohol is likely to
act as a disinhibitor and increase your risk to reoffend.

3.Immediately report any stressors or family conflict you experience with your immediate family
members to your parole supervisor.

The murder of your daughter took place, at least in part, because of stressors that built up over
time. In order to manage your risk of reoffending, you must ensure that you seek assistance from
your parole officer with any problems as they arise.

Although not recommended by CSC, the Board imposes the following special condition on your
continued day parole, in addition to the conditions above:

4. Participate in counselling with a mental health professional to address problem solving,


emotional regulation, and communication and conflict resolution in your intimate/family
relationships.

Mental health counselling will assist you in learning new skills, and serve as a neutral, consistent
support in the community to assist you in managing any family stressors as well as assist in
ensuring you are able to put into practice the skills you have learned in programs. It will reduce
your risk of reoffending and will help you to adjust as a contributing member of society.

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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DECISION(S) AND VOTES :

DAY PAROLE - PRE RELEASE CONTINUED 2019-06-18


Board Member Vote Vote Date

THORPE-DORWARD, D. . CONTINUED 2019-06-18

SCOTT, K. . CONTINUED 2019-06-18

SIGNATURES :

THORPE-DORWARD, D. . Board Member Signature Date

SCOTT, K. . Board Member Signature Date

FPS : Name : ATWAL, RAJINDER SINGH File No :

PBC 82 (14-03) OMS


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