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PAROLE BOARD OF CANADA

DECISION
OFFENDER INFORMATION :
Name : BAHR, SAADELDIN FPS :
Institution : FILE NO :

TYPE OF REVIEW :
▪ U.T.A. PRE RELEASE - FAMILY CONTACTS (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 :
U.T.A. PRE RELEASE NOT AUTHORIZED 2019-01-22

FAMILY CONTACTS

LEAVE PRIVILEGES : NOT APPLICABLE

SPECIAL CONDITIONS : NOT APPLICABLE

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

NEW INFORMATION SHARED WITH THE OFFENDER : NOT APPLICABLE

REASONS FOR DECISION(S) :

THERE IS A PUBLICATION BAN IN EFFECT

The Parole Board of Canada (the Board) reviewed your case by way of an in–office review to
make a decision about your application for unescorted temporary absences (UTAs) for family
contact purposes.

To make its decision, the Board must determine whether you will not, by re-offending, present an
undue risk to society during your absence; whether it is desirable for you to be absent from the
penitentiary; whether your behaviour while under sentence precludes authorizing the absence;
and whether a structured plan for your absence has been prepared. Undue risk is based on an
assessment of your likelihood of reoffending, taking into consideration the nature and gravity of
the offence that could be anticipated, should you reoffend, and your degree of responsibility.

Applying these criteria to the factors in your case, the Board does not authorize the UTAs. The
Board describes its reasons below.

FPS : Name : BAHR, SAADELDIN File No

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The Board acknowledges your submissions and letter of support. In your letter to the Board dated
November 1, 2018, you explain the purpose of your application for the UTAs and the progress you
have made both while incarcerated and in the community, including while on bail and during
Escorted Temporary Absences (ETAs). The Board has also taken into consideration a letter from
your spouse dated December 10, 2018 supporting your UTA. She states that she would like you
to stay at home with your special needs children while she takes another child to an important
medical appointment.

You are a 57 year old offender serving a sentence of 3 years and 6 months for Sexual Assault. A
victim surcharge, 10-year firearm prohibition, DNA order and other interventions were also
imposed.

In June 2013, the victim and her family came to you for spiritual guidance and counselling, in your
capacity as an Imam. You isolated the victim and sexually assaulted her. The sexual assault
included fondling, kissing, digital penetration and intercourse. You explained you were sucking the
demons out and said she would be cursed if she disclosed the abuse. You were confronted about
the abuse and denied the allegations.

There are victim statements on file speaking to the victim's serious psychological trauma and the
impact of your sexual assault on her family. The victim was hospitalized because of your actions
and has since been unable to maintain employment because of her uncontrollable anxiety and
trauma. The criteria for serious harm has been met.

File information indicates you do not have an official criminal history. You have worked in a
position of trust with highly vulnerable refugees in the past and in 2006, a former patient made
accusations, which led to an investigation and a requirement not to have contact with patients. A
2017 audit revealed financial misdealings.

You were released on a promise to appear and remained in the community for approximately four
years prior to sentencing with no reported concerns.

Your contributing risk factors requiring a moderate need for improvement are in the areas of
personal/emotional orientation and attitude.

You used your position of trust and authority to manipulate and sexually assault the vulnerable
victim. You initially denied the sexual abuse and offered various and fluid explanations. File
information suggests that you believed you were beyond reproach due to your community
standing and professional position. You demonstrated deviant sexual impulses and offended for
sexual gratification.

Since your day parole denial in December 2017, you have admitted full responsibility and have
stopped presenting alternate theories for your offending.

Your score of +20 on the Statistical Information on Recidivism indicates four out of five offenders
with similar scores will not commit an indictable offence after release.

The Family Violence Risk Assessment was completed and you did not meet the criteria for the
Spousal Assault Risk Assessment.

The most recent psychological report from October 2017 assessed you as a moderate-low risk to
reoffend sexually, violently or generally. The psychologist believed release was premature.

FPS : Name : BAHR, SAADELDIN File No

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You were most recently reviewed by the Board in July 2018. Following a split decision, the Board
concluded your risk on full parole was undue. In denying full parole, the Board noted your limited
insight, you rationalized and minimized your offending and there were concerns of your release
plan that would not adequately manage your risk. In this regard, the Board concluded that your full
parole plan was inadequate to protect the public given the fact that your spouse and family
members continued to deny and minimize your sexual assault. The Board was not confident that
they would intervene if necessary to manage your risk of reoffending.

A community assessment on some of the family members identified a continued belief you were
innocent. However, updated support letters suggest your family is aware of your offences and
note you now accept full responsibility. They are willing to support you and have you attend the
residence on any form of release.

You did not meet the criteria for programming. You report attending voluntary programs such as
Alternatives to Violence and Restorative Justice. You also participated in one-to-one counselling
with a therapist. An independent letter identified gains. File information also indicates you
participated in counselling with a chaplain.

You have successfully completed family contact escorted temporary absences (ETAs) since
December 2017 with limited concerns. The ETAs allowed you to share parental duties and foster
familial relationships. You participated in an extra ETA without authorization while knowing you
were not entitled to it. You also convinced your escort to bring a cheque into the institution
contrary to institutional policy.

Reports note your accountability and motivation are assessed as low and medium respectively.
There are no known responsivity issues and you are considered engaged in your correctional
plan. Your reintegration potential is assessed as high.

Your institutional behaviour is positive. You have not incurred any institutional charges. You are
noted as respectful towards staff and peers. You are not suspected of being involved in the
institutional subculture; a random urinalysis test returned negative in December 2017.

There were incidents of demanding and entitled behaviour. You have demonstrated a problematic
pattern of manipulating situations and individuals for your own benefit.

No known affiliation with any gang or criminal organization exists.

You would like to participate in family contact UTAs to your family's residence. The UTA plan is an
expansion of your previous family contact ETAs. You would like to attend your family's residence
to assist in parental duties, assist in childcare and foster familial relationships while limiting the
disruption to your family. The UTA will also allow you to demonstrate your ability in following
direction and supervision.

The UTA would be for 72 hours per month, including travel time. The UTA is recommended to be
authorized until you reach your statutory release date in September 2019. You will travel in a
personal vehicle. You are not permitted to drive a vehicle unless authorization is determined.
Behavioural expectations were identified. You will remain in the family residence, as no secondary
destinations were identified.

Since your day parole was denied in December 2017, you have accepted full responsibility and
have stopped presenting alternate theories for your offending. You are being managed at a
minimum security institution. You were screened out of programming but accessed program

FPS : Name : BAHR, SAADELDIN File No

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material and attended counselling. Your insight has improved. You have completed ETAs with
limited concerns. Your case management team (CMT) believes your risk can be managed in the
community given the structured plan of the UTA. Your CMT recommends the UTA be authorized
until your statutory release date.

In arriving at its decision, the Board addresses each of the four elements, beginning with the
likelihood of an undue risk of offending during your absences. Undue risk is based on an
assessment of your likelihood of reoffending, taking into consideration the nature and gravity of
the offence that could be anticipated, should you reoffend, and your degree of responsibility.

Based on your actuarial measures, you present a low risk of reoffending. As well, Board notes that
you were on bail for four years in the community without incident. As well, you have successfully
completed several ETAs to the family home without incident and the UTAs are expected to be a
continuation of your reintegration. These suggest that during your absence, your risk can be
managed in the community under supervision. The Board notes that since December 2017, you
have made important gains and insight into your offending. You have expressed victim empathy
and no longer displace responsibility for your actions and the impact on the victim. For these
reasons, the Board is satisfied that you meet the first criteria in that your risk would not be undue
during your absence.

With respect to desirability, the Board notes that the UTAs would be of benefit to you and your
family, particularly given the medical and special needs of some of the children. The absences
would be of assistance to your spouse who will be able to share the household burdens she
carries alone because of your sexual assault and incarceration. The absences will also build trust
and credibility with your parole supervisor and CMT, as it would determine whether you are
capable of abiding by the strict expectations of the UTAs. The Board concludes that you meet the
desirability requirement for the UTAs.

According to file information, your behaviour in the institution has not been without incident. A
review of your preventive security files conducted in August 2018 identifies several incidents
where you exhibited demanding/entitled behaviours and attitudes, which are two areas of risk that
require an ongoing moderate need for intervention. To illustrate, in February 2018, you confronted
Healthcare staff in the parking lot pestering them about health care services. In April 2018, you
insisted that your family contact ETAs be rescheduled and you and your spouse had your ETA
escort bring a cheque back to the institution, which contravened institutional policy.

The Security Intelligence Officer reported in August 2018 that you have a problematic pattern of
manipulating situations and individuals to exploit them for your own benefit. It was recommended
that you be closely monitored for any changes in your behavioural pattern that would require
intervention. These behaviours demonstrate to the Board that you have an attitude of entitlement
that you use to manipulate situations, as well as others to satisfy your own desires, which in the
Board's view, further increases your risk of reoffending during the absences.

To your credit, while you did not meet the requirements for core programming because of your
high SIR score, you have taken the initiative and successfully completed several vocational
courses. You report attending voluntary programs such as Alternatives to Violence and
Restorative Justice. You also participated in one-to-one counselling with a therapist. An
independent letter identified gains. File information also indicates you participated in counselling
with a chaplain.

Overall, the Board notes that in spite of your problematic manipulative behaviours, your
institutional behaviour was otherwise positive. You have not incurred any institutional charges.

FPS : Name : BAHR, SAADELDIN File No

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You are noted as respectful towards staff and peers. You are not suspected of being involved in
the institutional subculture or gangs and a random urinalysis test returned negative in December
2017.

According to your Correctional Plan Update #2, your accountability and motivation are assessed
as low and medium respectively. There are no known responsivity issues and you are considered
engaged in your correctional plan. Your reintegration potential is assessed as high. For these
reasons, the Board finds that your institutional behaviour during your sentence would not preclude
your absence.

Turning finally to the fourth criteria of your UTA application, the Board notes that you seek to
expand your ETAs to allow for monthly 72-hour family contact UTAs. You will be required to be in
the presence of your spouse at all times, which means that you are not to be left at home alone
while for example, your spouse attends to medical and other appointments outside the home. As
well, no other person is permitted to participate in the family contact UTA unless this individual is
specifically identified and a positive community assessment has been completed. Travel
arrangements will be made using a personal vehicle and you are not permitted to drive without
prior authorization.

In reviewing the structured plan, the Board is not confident that there is adequate structure in
place to manage your risk in the community. The Board notes a recent letter of support from your
spouse requesting that you be permitted to stay with your disabled children in the family residence
while your spouse accompanies a child to urgent medical appointments. At this time, there is no
information before the Board to suggest that your spouse is aware that you are to remain in her
presence throughout the proposed UTAs despite a recent Addendum that you are not requesting
to be in the community without your spouse. It is unknown if your spouse recognizes this
responsibility.

In the absence of such assurances, the Board finds that you do not meet the fourth criteria with
respect to the structured plan.

The Board does not authorize the UTAs for family contact. It is the Board's opinion that you will by
re-offending, present an undue risk to society during your absence. In the Board's opinion, while it
is desirable for you to be absent from the penitentiary; your behaviour while under sentence does
not preclude authorizing the absence; you do not have a viable structured plan in place to manage
your risk of reoffending.

DECISION(S) AND VOTES :

U.T.A. PRE RELEASE - FAMILY NOT AUTHORIZED 2019-01-22

CONTACTS
Board Member Vote Vote Date

POLLARD, D. . NOT AUTHORIZED 2019-01-15

STEWART, S. . NOT AUTHORIZED 2019-01-22

FPS : Name : BAHR, SAADELDIN File No

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SIGNATURES :

POLLARD, D. . Board Member Signature Date

STEWART, S. . Board Member Signature Date

FPS : Name : BAHR, SAADELDIN File No

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