Whitehorse Daily Star

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Chief Justice Ron Veale

Offender needs treatment, justice concludes

Ed. note: this story contains graphic details of a violent crime.

By Gord Fortin on August 30, 2018

Ed. note: this story contains graphic details of a violent crime.

A 24-year-old Watson Lake man convicted of second-degree murder will be ineligible for parole for 10 years of his life sentence.

Travis Byron Dennis appeared in Yukon Supreme Court on Wednesday afternoon to be sentenced by chief justice Ron Veale.

Eric Marcoux and Paul Battin represented the Crown, with Marcoux appearing by phone from Ottawa.

David McWhinnie and Norah Mooney appeared for the defence.

Dennis pleaded guilty to second-degree murder for the July 16, 2016 death of Andy Giraudel, 36. His May 30 guilty plea was based on an agreed statement of facts.

The Crown and the defence presented a joint submission for sentencing, calling for the 10-year parole ineligibility.

Veale said a judge should not deviate from a joint submission unless he or she feels it would put the reputation of the court into disrepute.

The justice felt this case was aggravating due to how Giraudel was killed, as well as the fact that Dennis dismembered his body. These actions prevented the family from giving him a proper burial.

Veale read out the facts of the case.

Both Giraudel and Dennis were drinking the night before at Dennis’s residence on July 13, 2016.

The next morning, the two men left the residence to walk a trail, where tension between the two men exploded.

Dennis told the RCMP he had a deep hatred of Giraudel. He alleged that Giraudel had sexually assaulted him on two occasions. These allegations have not been proved.

Dennis told police that Giraudel had made a disparaging remark about his mother’s death, which caused him to snap.

Dennis stabbed Giraudel 25 times in the chest and back, with these wounds causing acute hemorrhaging in the chest wall.

Some of the wounds, which occurred before dismemberment, were between nine and 11 cm deep.

Dennis admitted to cutting Giraudel’s body into seven pieces and putting into orange garbage bags to hide them.

Dennis later turned himself in and confessed to the murder.

During the sentencing hearing on Aug. 10, Giraudel’s family read out their victim impact statements.

Giraudel’s mother, Jeanicia Moskaluk, had her statement read out by a territorial victim services worker.

In the statement, she said she has lost her trust in people and feels alone. She said she has isolated herself as a result.

Moskaluk said her son’s death has caused her blood sugars to get worse, which has affected her vision. She wanted to go back to work but cannot due to her vision problems.

Moskaluk said her son took care of her, helping her with her medications.

Her grief was severe enough that she fainted during the hearing.

Giraudel’s sister, Andrea Moskaluk, said she is angry.

She said her brother was stolen from her. She added her mother has taken the death hard, saying Jeanicia still talks as if it’s 2016.

She feels she has also lost her mother because of the crime.

She expressed a deep hatred for Dennis and his family. She feels Dennis brought up the sexual assault allegation to justify butchering her brother.

She said there is no sentence severe enough for Dennis to atone for his actions.

Veale thanked the family members for their statements, saying it was important to know how they have been affected.

Moving ahead to his sentencing decision Wednesday, Veale reviewed Dennis’ circumstances.

Dennis is a member of the Dease River First Nation and has suffered some childhood trauma. His family has a history of Indigenous residential schools on both his mother’s and father’s sides.

His mother was an alcoholic who is deceased. Her death had a negative impact on her son – Dennis said he never experienced closure.

On his father’s side, Dennis’ grandparents were both sent to residential schools. The family never discussed their issues.

“He clearly suffered the generational effect of residential schools,” Veale said.

Dennis himself has suffered from memory issues for all of his life. He drinks and smokes marijuana.

Veale said Dennis has suicidal thoughts and was bullied in jail.

During his time in custody, Dennis has taken counselling as well as every course and program available to him.

Veale said Dennis is having some trouble with remorse, but has said he wishes he could take back his actions.

Veale believes Dennis needs treatment. He said the most-needed treatment is for substance abuse, depression and anxiety.

The justice next listed the aggravating factors as the 25 stab wounds, the dismemberment of Giraudel’s body and indignity to the family.

He recognized several mitigating factors. Denis was 23 at the time of the murder, with no criminal record.

This meant the act was out of character, Veale said. He also credited him for both turning himself in and pleading guilty.

Veale next addressed the joint submission. No matter what, he said, Dennis will serve a life sentence.

The decision before him, as the presiding justice, was to determine how long Dennis will be ineligible for parole.

He clarified it does not mean he will automatically get parole; it just determines when he can apply for it.

The justice explained he could go higher than the proposed 10 years, to a maximum of 25 years. He said he must recognize that the joint submission was achieved because Dennis pleaded guilty.

He explained that because Dennis came forward, the police were able to solve the case.

Had he not, there is doubt that a murder charge would have been laid.

Veale recognized that despite Dennis having a self-described “deep hatred” of Giraudel, over alleged sexual assaults, he has expressed regret and empathy to the family.

Veale concluded the 10-year parole ineligibility is appropriate, and does not put the justice system into disrepute.

“He (Dennis) will be in prison or on parole for the rest of his life,” Veale said.

The justice also made several orders.

Dennis must give a DNA sample for a national database. He will be subject to a 10-year firearm ban.

He is ordered to return any of Giraudel’s personal items in his possession to the victim’s family.

The last order is that Dennis must be referred to an Aboriginal intervention centre.

Veale also imposed a $200 victim fine surcharge.

Comments (13)

Up 0 Down 1

John Smith on Sep 6, 2018 at 7:50 pm

@ Jane Smith - Justice Veale probably believed what he said when he pronounced the words - life sentence.
Reality however is much less neat.
Individuals tend to come out of the Pen more hardened; raped, beaten, psychologically battered and/or with a drug addiction.

So, after a mere 10 years he is potentially on the street more dangerous than ever. After 10 years he could be paroled through a halfway house with more access to drugs.
If he is paroled the victims family will be notified and possibly have to relive the murder over again and each year thereafter should he be denied.
His supervision will eventually become minimal to none. However, once in the community he is not under 24 hour surveillance/ supervision.
He may take programming which he may take seriously or not. But, what would be the point as he had no criminal record prior to him snapping.

One wonders how Gladue Factors would be relevant in this case?
He will likely develop PTSD as a result of his incarceration - This is listed as a potential result of imprisonment. A drug addiction will help him cope.
A good thing drugs are more readily available in prison than on the street.
Incarceration and drug addiction are also Gladue Factors and would be available to him at any parole revocation hearing.

Then there is the notion that the Federal system has been chastised for conducting risk assessments with FN/Aboriginal Offenders. This creates a downward pressure on risk management.
But the upshot is that although he has a life [sick] sentence he could be out in 10-15 years on his way to having a good one paid for by the state. He could even become a role-model for his community on how to turn your life around - a cause célèbre.

But Andy Giraudel - Not so much... According to the court he was a sex offender forever maligned...
Andy Giraudel’s family - Not so much... These are the real life sentences...
It seems ironic that while the state cannot mete out capital punishment it tacitly allows Mr Dennis to. Curious.

Up 1 Down 0

Jane Smith on Sep 5, 2018 at 10:24 pm

Just to be clear, the accused was given a life sentence. He will be allowed to apply for parole after a decade, but there is no guarantee he will get it. He could end up serving many more than 10 years in the penitentiary. If and when the accused does get parole, it won’t end until his death.

Up 7 Down 2

Hans Gruber on Sep 4, 2018 at 10:13 pm

@ Bobby Bitman - Good post and your message is laudable. Thank you for your input.

If you understand anything about the Legal System you know that it is inherently political and thereby divisive in nature. Yes, there are placations and outright assurances by the systems actors that they are advancing apolitical big J decisions of a legal nature [quote unquote - the common person would not understand]. This is pure crap. A legal fiction.

It has not gone unnoticed that the majority of the victims are FN themselves. The difficulty is that with such short or otherwise lenient sentences untreated offenders are returned to their communities to perpetuate more Gladue factors. This is deliberate and it is divisive - large segments of our remote Northern communities live in fear and isolation while the recipients of Gladue credit continue their violence - This is divisive.

Where are the Gladue considerations for the victims? They are non-existent.
I agree with you that it is “Time for an update to this system of reduced culpability and reduced consequence.”

However, the courts and in particular the Supreme Court disagree. They assert that the system has not done enough to address the over representation of FNs in Canadian jails.

We need to let more out. The judgements citing or referring to Gladue are only going to get more ridiculous.

At this time there is no evidence that “... even the First Nations people are no longer happy with Gladue type decisions.”

Gladue is expanding and gaining momentum. It really makes one wonder the value of a victims life when Gladue is considered and when it is not.

Is there a different value for FN and non-FN victims?

Which group is better able to advocate for itself? FN or non-FN victims?

The link below will take you to a discussion on Gladue if you care to have a read:


https://www.google.ca/amp/s/www.thestar.com/amp/opinion/commentary/2015/04/27/a-tragic-tale-of-two-gladues.html

Up 21 Down 5

Bobby Bitman on Sep 4, 2018 at 1:02 pm

For those beaking off about Gladue and mocking first nations people as 'cultural elites', take a breath and notice that the victim in this, and most serious crimes committed by First Nations people are FN people themselves.

And, the relatives of the victims are no more happy about it than you are. Read their comments.

Stop driving people apart. It looks like the First Nations people themselves are getting fed up with the very minor sentences given to people who murder their own. One would hope they would also extend this concern to non-FN victims. But the way I see it, we are on the same side of the fence with the social justice warriors fighting the wrong battle on the other side of the fence. Someone needs to inform the SJW's that even the First Nations people are no longer happy with Gladue type decisions.

Time for an update to this system of reduced culpability and reduced consequence. Try something else in terms of bringing down the incarceration rates of Aboriginal people. Like crime reduction strategies instead.

Up 10 Down 3

Groucho d'North on Sep 3, 2018 at 11:23 am

Liberal logic does not work well in our court system. I assume its logic- what else could it be?

Up 10 Down 4

Josey Wales on Sep 3, 2018 at 8:38 am

Hey Hans...gotta say, you illustrated better than I a completely defunct system.
The best illustration of Canada’s liberal B.O.L.E. policies I have read in a long time.
Regardless of what ethnicity one feels the need to “indentify” with, where one comes from on this planet to reside is this failed experiment?
Our entire approach to criminal justice is so wrong, so painfully wrong that anyone with a brain, even a cognitive impaired brain can see this.
When one gets, stabbed, raped, run over, shot and or beat by professional nefarious parasites, scumbags...then you will be able to feel it too.
Please Hans, carry on.
Bigotry of lower expectations, keeping lawyers rich, and undertakers busy...destroying families one reoffending POS at a time.

Up 17 Down 2

Hans Gruber on Sep 1, 2018 at 11:22 pm

@ My Opinion - They do get credit for mouthing the word guilty regardless of their actual remorse. If you say you have been traumatized by the process, abused by the cops, or poorly treated in jail you can get 1.5 to 1 remand credit to be discounted from your sentence.

If you are Gladue impacted and were not able to take programming prior to being found guilty you could receive a 2 to 1 remand credit to used against the total of your overall sentence. Still... If that is not enough we will throw in additional incentives such as concurrent sentencing. Yes, that’s right - Act now, multiple charges one low sentencing. If you commit an aggravated sexual assault, assault, break and enter, and choking to overcome resistance we will roll them into one sentence so that you will only do time for only one conviction - the others will only appear on paper - maybe?

Take advantage of our plea bargaining specials [Shhh! Technically we don’t do that in Canada] and you can have your serious personal injury offences stayed. Yes, that’s right, a stay of proceedings! Don’t worry about trying to remember all this because it is part of the Anti-Yukon Justice Initiative - Read the book: Court Processes for Dummies.

Up 18 Down 5

Josey Wales on Sep 1, 2018 at 11:03 pm

Oh yeah...the 200 dollar fee?
Is that salt or what.
Get a bigger fine texting in traffic...non cultural elites at least.
What a mess, what a shame, what a sham, what a complete convicted Murdering piece of s**t.

Up 14 Down 4

Josey Wales on Sep 1, 2018 at 10:56 pm

Gee more evidence of Canada’s racist legal system, fantastic.
Too which I ponder just how insane will it get...before a very wicked reset?
An aboriginal intervention center, gotta say that has a bad sound to it.
I see all cultural elites as Teflon coated when it comes to being responsible for crime or near anything.
Government sanctioned bigotry of lower expectations, B.O.L.E. for short.
Kinda mind blowing really when one really delves into the various categories of criminality.
Guess when a citizen of the cultural elite kills, rapes, or robs and maims.....will we even bother with a investigation?
Given the bobsled track we use for the slippery slope of justice, as ridiculous as it reads...not outta the realm of possibility.
Elites....how would you deal with a POS as he prior to the excuse of contact?
The level of rot and compost we have here redefine insane.
The amount of feral humans, Trevor the human types...blows my effin mind.

Up 19 Down 0

My Opinion on Aug 31, 2018 at 11:08 pm

Our Judges have lost their minds. Commending him for admitting or we wouldn't have been able to charge him????? What????? Are we letting others know how to act?
What is he still doing with the mans things? Good God.

200.00 Victim Fine Surcharge? Oh that is harsh.
I am just saying, They would have put me away for 35 years. We do not have a Justice System we have a Legal System. 4 Lawyers made good money and who paid for that?

Up 16 Down 0

Doug Ryder on Aug 31, 2018 at 7:44 pm

@ the Dentist - Yes, why would you drink with someone you hate? It seems rather contrived, this hate thing. This sexual assault thing too.
It is also concerning that Veale would have let the “assertion” that Giraudel may have sexually offended against Dennis into evidence.

It is also highly concerning that the Crown was not more vocal on the issue as they have an absolute duty to procedural fairness. In that, the statement regarding the alleged sexual assault should have been tested or excluded from the record. To offer a passive resistance on the matter is complicity.

To my mind this allowance infringes on the principles of section 276, CCC.

Up 19 Down 7

Lou Dikrous on Aug 30, 2018 at 9:01 pm

Boom, boom chhh
Boom, boom chhh
Justice Veale’d
Society failed
The collective sentiment is impailed
Family and friends moaned and wailed
Boom, boom chhh
Boom, boom chhh
Dennis the menace was a good guy
His lack of criminal record does not lie
That Andy character we question though
He was bad probably an SO
The perpetrator say-so
Boom, boom chhh
Boom, boom chhh
Excuse offered violated by Giraudel
Tis the murderer we gonna coddle
Take care out there don’t you dawdle
Because victim like behaviour you just might model
Grab you by the throat gonna throttle
Boom, boom chhh
Boom, boom chhh
Who’s the victim and who’s the offender
Yukon justice will take you on a real mind bender
Twisted logic the system will render
Your sanity will surrender
Boom, boom chhh
Boom, boom chhh

Up 31 Down 1

Dentist on Aug 30, 2018 at 5:20 pm

If he hated the victim so much, why did he spend the previous night drinking with him? I think that Veale should have tacked on a couple of years for the dismemberment.

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