Sex offender Gazley fights parole conditions
He claims charter right violated by order to avoid places where kids are
A sex offender is challenging an order from the parole board that he report any attempts by him to initiate sexual and non-sexual relationships with females.
Donald John Gazley also wants to overturn conditions that he not associate with criminals and stay away from places where children under the age of 18 congregate, including schools, parks and swimming pools.
In an application filed in the Federal Court of Canada in Vancouver, Gazley claims the newly imposed conditions are “overly-broad” and violate his charter right to be free from deprivation of his liberty.
In September 2008, Gazley was sentenced to eight years in prison after pleading guilty to two counts of criminal harassment and one count of communicating for the purpose of obtaining the sexual services of a person under age 18.
Galley admitted he had coerced a boy with a learning disability into touching him in a sexual way and offered a 14-year-old girl money to perform oral sex on him.
In addition to the jail time, the Ontario judge also designated him a long-term offender and ordered that he be kept under supervision for 10 years.
In December, Gazley was released from prison and began his supervision order, reporting to a Vancouver halfway house, but had the supervision order suspended in January.
In April, the parole board lifted the suspension, but imposed the new conditions on him.
In the Federal Court application, Gazley seeks the removal or modification of those conditions.
“The applicant submits that these special conditions are not reasonable nor necessary to protect society and that these conditions inhibit the successful reintegration into society of Mr. Gazley as they unreasonably limit his ability to access communitybased resources,” says the application.
“Although Mr. Gazley’s offence involved communicating with a person under 18 years of age for the purpose of engaging in prostitution, there is no indication whatsoever that any of Mr. Gazley’s offences have been linked in any way to parks or community-based facilities such as libraries.”