Parole board documents say killer granted day parole likely to reoffend

(WARNING: This story contains details that may be disturbing to some readers)

A man convicted of the brutal murder of a young woman in Saskatoon more than two decades ago has been granted day parole, despite the parole board describing him as a high risk to reoffend violently

Kenneth David MacKay, 49, will have to abide by several conditions, but will no longer be incarcerated after the Parole Board of Canada granted him conditional release after more than 20 years in jail. Typically, a life sentence means an offender is not eligible for parole for at least 25 years.

Though MacKay must return to a residential facility between 8 p.m. and 6 a.m., he will spend the next six months on day parole on Vancouver Island, according to a decision the Parole Board of Canada rendered on Jan. 13.

In December of 2000, MacKay met 21-year-old Crystal Lee Paskemin at a Saskatoon bar and offered to drive her home. Instead, MacKay drove her to a different area and violently sexually assaulted Paskemin in his truck. Paskemin was briefly able to escape, but MacKay attacked her and broke her jaw, then drove over her before setting her body on fire and dragging it behind his truck for “a considerable distance.” He dug a shallow grave and buried Paskemin in the snow.

When Paskemin’s body was eventually found, it was naked except for a sock. Some of her clothing was never recovered.

MacKay was arrested a week after Paskemin’s disappearance.

Documents from the parole board said MacKay initially claimed to have run over Paskemin accidentally when she stumbled in front of his truck.

“When you concluded she was dead, you put a chain on her body, dragged the body down the road and left it on the side of the road. You denied any sexual component to the murder,” the parole board documents read.

MacKay was previously charged and convicted of fraud under $5,000, for buying a stereo unit with a bad cheque in 1998, and failure to appear in court. The brutal murder of Paskemin demonstrated an “extreme escalation in the severity and violence of your offending,” the parole board documents noted.

In making its decision, the parole board said it must determine whether MacKay would present an undue risk to society by reoffending before the expiration of his sentence.

“The board must also consider whether your release will contribute to the protection of society by facilitating your reintegration into society as a law-abiding citizen,” the documents read.

During his time in prison, MacKay has had three institutional charges. He was also found to be possessing unauthorized items and had disciplinary problems. MacKay wrote a letter to a staff member at one facility “which appeared to cross boundaries” in 2019, and further asked a family member to contact the staff member so he could keep in touch with them.

Since his transfer to his current institution in June 2022, however, MacKay’s behaviour was noted to be “largely positive with some concerns about your ability to solve problems and address concerns at the lowest level.”

In the parole board documents, MacKay’s social history said he was raised by a single parent and sometimes lived with grandparents. There was substance abuse in his family and he was bullied at school. MacKay would “test limits” and stay out too late when he was young, and struggled with alcohol use as a young man. He completed his GED while incarcerated.

“The circumstances of her murder and your failure over the years to be accountable for your actions and minimize your behaviour have likely compounded the harm you have caused the victim’s family,” the parole board wrote in its analysis and decision.

“The impact of your actions cannot be understated and weighs heavy on the Board.”

The board noted that MacKay had made some progress by admitting his crime was not an accident and that there was a sexual component to it.

“However, there continue to be concerns regarding power and control issues and possible issues with women,” the report stated.

MacKay was determined to be a high risk to reoffend violently and an average risk to reoffend with sexual violence.

However, the documents noted, the board is responsible for considering the least-restrictive measures needed to manage MacKay in the community, and noted several factors favouring MacKay’s release including his lack of violent incidents since the murder, having participated in programming, his high motivation and engagement, and progress made in accepting responsibility for his behaviour.

The victim impact statements from Paskemin’s family have consistently been opposed to MacKay’s release and asked for a no-contact condition if he is ever approved to return to Saskatchewan.

“We know this man is still a threat to all women, regardless of what province he lives in,” a statement from the family read.

The Federation of Sovereign Indigenous Nations has also spoken out against MacKay’s release.

“Once again, the justice system of Canada has failed another Indigenous family who lost a loved one who suffered a horrific death,” FSIN vice-chief Heather Bear said.

MacKay is required to keep to a number of conditions while he is on parole. He is not permitted to consume, buy or possess alcohol and cannot enter any drinking or gambling establishment. He must follow his treatment plan and give documentation about his financial information to his parole supervisor as scheduled. He also has to report all sexual and non-sexual relationships and friendships with women, any changes to those relationship statuses, and any attempts to initiate such relationships.

There is to be no contact, directly or indirectly, with the family of Paskemin, and MacKay is not allowed to travel to Saskatchewan during the next six months.

As part of MacKay’s release plan, he said he intends to seek vocational training and pursue a career in cabinet making or construction.