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Dangerous offender denied parole in horrific sexual assault in Banff

The Parole Board of Canada denies request after psychological risk assessment indicates offender poses a very high risk of violent re-offending.
COURT

BANFF – A dangerous offender found guilty of a horrific sexual assault on a woman in Banff in 2005 was denied parole once again.

The Parole Board of Canada denied Albert Muckle’s attempt for full or day parole in an Oct. 14 video hearing. Muckle was found guilty of aggravated sexual assault and attempted murder from a July 11, 2005 incident in Banff.

“The most recent psychological risk assessment on your file (June 2022) indicates that you pose a very high risk of violent re-offending and an above-average risk of sexually re-offending,” the parole board stated in its decision. “The report notes that your risk cannot be managed in the community at this time.”

Muckle, 42, has a lengthy criminal record that includes threats, property crimes, robbery, weapons possession and assaults.

“Since your criminal history began, your offending behaviour has continued uninterrupted and has escalated in severity, resulting in your current designation as a dangerous offender," the parole board stated. "Reports state that you have consistently displayed a disrespect/disregard for authority figures and females both in the crimes you have committed and during your incarceration.”

The board highlighted Muckle’s past abuse such as substance, sexual and intergenerational impacts of the residential school system, family and community breakdown, loss of cultural and spiritual identity and coming up in the foster system with “few positive roles models growing up.”

“It is clear to the board that the effects of intergenerational trauma and systemic discrimination have played a significant role in your life and have contributed to the issues that have contributed to your criminal behaviour.”

Muckle was also assessed as a high risk for family violence and was not taking part in his correctional plan. An elder review in 2013 recommended Muckle take part in cultural activities, Indigenous programming, ceremonies and counselling.

Since 2009, he has been involved in more than 70 security incidents, including 10 since 2020. Muckle was deemed the instigator in nine of those.

The board’s report highlighted several examples of threatening inmates, writing “inappropriate things” about a woman correctional officer, and possession of drugs. He has participated in the sex offender high intensity program, but has been removed several times due to making derogatory remarks to the program facilitator and other participants.

“Of concern to the board is that this behaviour mirrors aspects of your offending cycle.”

Muckle is from the Whitedog (Wabaseemong) First Nation Reserve, roughly 120 kilometres northwest of Kenora, Ont. and just east of the Ontario-Manitoba border.

According to the parole board’s review of facts, Muckle met Julianne Courneya and her male friend – who were out for a farewell party for a co-worker – near the Aurora nightclub on Banff Avenue and smoked a cigarette with one another. The male friend went to use an ATM and when he returned, he saw Muckle and Courneya walking away.

The two went to Central Park and sat at a picnic table, but when Courneya went to leave, Muckle grabbed her by the hair and pulled her to the ground. She was knocked unconscious when her head hit the pavement.

Muckle dragged Courneya into the bushes near the Bow River, stole $20 from her purse and left in an attempt to find drugs. He returned to the park, raped her twice and tried to strangle her with her purse strap.

Courneya was found later that morning and Muckle was arrested by the RCMP attempting to hitchhike out of town, having only been in Banff for four days since his arrival from B.C.

Muckle told police at the time he had been using crystal meth for up to five days prior to the assault, hadn’t slept for days and been consuming “significant amounts of alcohol” before meeting Courneya.

At the time of the assault, the 21-year-old Courneya was six weeks pregnant and engaged. Courneya, who was a worker at the Rimrock Resort Hotel in Banff, later lost the baby due to the assault.

She remains in a vegetative state near her family in the Ottawa-area.

A publication ban on Courneya’s identity was ended in 2007 after her family made the request to aid in fundraising for her medical costs.

Muckle had previously served four years after stabbing a cab driver twice in the 1990s and was also involved in a prison riot.

The trial for the assault on Courneya had doctors deem Muckle a psychopath.

“Though in a comatose state, the victim continued to experience extreme pain and distress as a result of her injuries and family members suffered through these difficult times with her trying to provide with whatever support and comfort they could,” stated the board in its decision. “The family’s grief and feelings of loss and sadness are profound.”

While being denied parole, Muckle had his security classification reduced to medium, which could see him moved to a medium security institution. The board examined if his sentence suited his needs, but found he had not taken advantage of opportunities to improve himself through programming such as Indigenous and elder services to warrant a change.

But the decision did note Muckle had reached out to an elder to begin a working relationship. The board encouraged Muckle to look at individual counselling services, but he would have to complete them for it to be effective.

The board added in the past year Muckle’s “behaviour has moderated considerably” and he finished a non-intake primer sex offender program in March.

The board found Muckle’s denial of guilt and not speaking about what led to his convictions as well as numerous incidents of “problematic behaviour” such as violence, aggressiveness and substance use left them unable to consider parole.

The board further noted Muckle’s “poor history on past conditional releases”, having breached conditions. He also had a vague release plan that was largely unconfirmed, which had Muckle say he would stay with his father whom he hadn’t spoken with for 19 years.

Muckle was deemed a dangerous offender in 2006 and due to the status, he has an indefinite prison sentence with no specific release date. He can, however, be considered for parole.

He has been denied parole every two years since 2012 and previously unsuccessfully appealed the dangerous offender status in 2012.

“[The case management team] view your risk as unmanageable due to your ongoing behavioural challenges in the prison setting, your negative attitudes toward staff, your lack of accountability for your actions, and your difficulties managing your emotions," stated the parole board.

"You are still considered an untreated sex offender.”

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