by Meghan Hurley
Ottawa Citizen
A killer who was described by the Parole Board of Canada as an “untreated violent offender” was released from prison Tuesday after serving a 15-year sentence for the sword slaying of a 26-year-old man inside the Midway Family Fun Park.
But Wahab Dadshani, who made Canadian justice history when he successfully defended himself against a first-degree murder charge, isn’t entirely free.
Ottawa’s Crown attorney was granted a two-year peace bond on Oct. 2 to restrict Dadshani’s freedom after his release following his manslaughter conviction for the death of Charbel Chaar on Sept. 4, 2003. He was given 10 years’ credit for time in custody when he was sentenced on July 8, 2009, to an additional five years in prison.
The peace bond, which is similar to bail or parole conditions, was ordered with the consent of the attorney general because there was a fear that Dadshani could “commit a serious personal injury offence,” the peace bond says.
It’s rare for conditions to be imposed on criminals once they have finished their sentence and are released from prison, lawyers say.
“It was like the last kick at him,” said Robert Carew, the lawyer who represented Dadshani in hearing last week. “He’s completed his sentence and he should no longer be treated like a criminal or a monster.
” Carew said the hearing resulted in Dadshani’s having to spend an extra day incarcerated. Dadshani should have been released from Millhaven Institution in Bath, near Kingston, on Monday, the day before his warrant expiry date.
Since he was brought to Ottawa for his hearing last week and was housed at a provincial institution, he was released on the day of his warrant expiry date, Carew said.
Mark Ertel, who defended Dadshani during his sentencing hearing, said the peace bond is a sign that the federal prison system is broken.
“It’s an admission of failure on their part,” Ertle said. “The system doesn’t fix people, so when they get out they’re still dangerous like they were when they went in.
” Before Dadshani’s release from prison Tuesday, he had appeared before the Parole Board of Canada several times in an attempt to prove he was reformed.
But decisions issued by the board repeatedly showed that Dadshani was an untreated violent offender with a high risk to reoffend.
The board said Dadshani admitted that he was apprehensive about his own mental health.
They said he often presented himself as a victim and showed “cognitive distortions.” Dadshani blamed others for his incarceration and had trouble controlling his anger.
“You continue to have difficulty controlling your anger and emotions and have no ability to control your impulsivity, all of which can lead to more violence,” the board said in one decision.
Dadshani was more interested in what other inmates thought of him than participating in programs to help manage his anger, the board said.
Dadshani was given a statutory release on Nov. 5, 2012, with the condition to live at a community correctional centre or residential facility where he would complete programs for substance abuse and violence, parole documents say.
A warrant was issued for his arrest on Jan. 14, 2013 because his behaviour had deteriorated to the point where he could no longer be managed in the community, according to the parole board.
Dadshani was described as deceptive, aggressive, manipulative and threatening toward his parole supervisor and staff at the correctional facility.
The parole board revoked Dadshani’s statutory release on April 15, 2013, stating that he was at a high risk to re-offend.
When Dadshani returned to prison, his negative behaviour continued. While incarcerated, Dadshani broke a cell window, yelled at prison staff and was caught in possession of two homemade shivs.
“You continue to display aggression, disrespect, you have destroyed government property and are suspected of being involved in the drug and inmate sub-culture,” the parole board decision says. “Your risk is such that you cannot be managed effectively in segregation of a maximum security institution, never mind in the community.
” When Dadshani’s warrant expiry date was nearing, Ottawa’s Crown attorney applied for the peace bond that forbids him to contact Chaar’s family and a list of 10 people, including several of his co-accused who were acquitted of first-degree murder charges.
Dadshani isn’t allowed to associate with street gang members or drug traffickers, or consume, purchase or possess illegal drugs or weapons, including guns and knives.
Dadshani is also forbidden to hang around anyone with a criminal record other than family members without the approval of police.
The order also requires Dadshani to report to police if he changes his address or phone number or plans to travel outside Ottawa.
Dadshani must also stay 500 metres away from the Midway Family Fun Park on Kaladar Avenue.
Carew said Dadshani denied the allegations the Crown brought forward in the application for the peace bond but signed it so he can leave the country.
If Dadshani decides to return to Canada in the future, he can apply to change the conditions of the order.