A man whose attack on a woman in Banff, Alta., 20 years ago left her in a vegetative state has lost an appeal of a September 2024 decision by the Parole Board of Canada.
Albert Muckle pleaded guilty to aggravated sexual assault and attempted murder.
The victim was a 20-year-old hotel worker, pregnant in 2005 when she was beaten, raped, robbed of $20 and left for dead along the Bow River.
Declared a dangerous offender, Muckle was given an indefinite sentence.
The victim remains in a persistent vegetative state.
At his parole hearing in Abbotsford, B.C., this past fall, Muckle, now in his 40s, refused to talk about the attack.
Pressed by the board, he denied admitting to the attack.
Asked outright whether he did it, he said no.
He also told the board he had no release plan and was contemplating taking his own life.
He was denied both day parole and full parole.
In his appeal, filed in October 2024, Muckle argued the board did not treat him fairly and did not follow Indigenous principles.
A panel reviewing the appeal found those contentions groundless.
In its written decision, the panel stated Muckle was approved for a culturally responsive parole hearing involving an elder, but Muckle retracted the request and proceeded without.
The panel also noted Muckle’s history as a residential school survivor and an abuse survivor were considered, in writing, in the board’s initial decision.
Muckle claimed he also was not permitted to call a lawyer before or after the hearing.
The panel noted Muckle agreed to proceed without an assistant, and was asked during the hearing whether he would like to postpone to get an assistant, to which he again indicated willingness to proceed.
The panel noted Correctional Services Canada is required to provide reasonable access to counsel and advised of processes to file grievances if Muckle believes that is not happening in his case.
Muckle claimed he “felt ‘ambushed’ by the presence of media,” and was “forced to do the hearing while suicidal, medically unwell and in ‘extreme pain.’”
The panel noted Muckle was informed the month prior there was media interest in his hearing, and that media was present at the beginning of his hearing, but chose to proceed.
The panel also noted he was offered breaks if needed when he stated he didn’t feel well, but he never requested one.
The panel noted other submissions by Muckle, such as the board committing an error of law, were “vague and unclear,” and ultimately “without merit.”
“For the reasons set out above, the appeal division concludes that the board did not breach the principles of fundamental justice or base its decision on erroneous information,” the panel’s written decision stated.
“Accordingly, the appeal division affirms the board’s decision of Sept. 19, 2024, to deny your day parole and full parole.”
With files from Damien Wood and The Canadian Press
