SYDNEY, N.S. — The Parole Board of Canada has ordered the detention of a Glace Bay man after finding there are grounds to believe he is likely to commit an offence causing the death or serious harm of another person before his sentence expires.
James Douglas MacLeod, 34, is currently serving a seven-year sentence for sexual assault and sexual assault with threats to cause bodily harm. He also has 14 previous convictions over seven sentencing dates for offences including breach of trust, assault, forcible confinement, attempted sexual assault, trafficking in a scheduled substance and criminal harassment.
“You are serving a sentence for … offences that caused serious harm and there are reasonable grounds to believe that you are likely to commit an offence causing death or serious harm to another person before the expiration of your sentence according to law,” the parole board wrote. “You have demonstrated a pattern of persistent violent behavior and difficulties controlling your sexual impulses to the point of endangering the safety of other persons.”
His most recently sentencing was in 2015. MacLeod had pleaded guilty to one count of sexual assault stemming from an incident that took place in 2012 in Framboise.
In addition to his federal time, MacLeod was ordered to submit DNA to a national registry.
He also received a lifetime ban on firearms and was ordered added to the national sex offender registry for 20 years.
"You have demonstrated a pattern of persistent violent behavior and difficulties controlling your sexual impulses to the point of endangering the safety of other persons.”
— Parole Board of Canada
MacLeod has a criminal record that includes 2006 assault convictions involving two young female victims.
His 2008 conviction on charges of unlawful confinement, attempted sexual assault and breaching a recognizance order, were against a female victim. He was sentenced to 18 months in a federal prison and ordered to complete a three-year probation period.
Shortly after his release in October 2009, MacLeod was also charged with twice breaching a probation order. He was accused of failing to stay away from places where children are likely to gather.
Police issued a public warning in 2010 that MacLeod was back in the community.
In 2013, MacLeod was sent back to prison after he was convicted of three counts of criminal harassment. He had been hanging around outside of a children’s dance studio, staring at young female children and walking behind them, the parole board decision states.
The parole board in its decision identified several incidents MacLeod has been involved in while in federal custody, including diverting medication, possession of contraband, stealing canteen items and another alleged incident involving a transgender offender, which is under police investigation.
While the parole board notes MacLeod has made improvements in the area of his substance abuse, other risk factors remain at the level they were when he was incarcerated, and he is considered a medium-security offender with low institutional adjustment and high risk to public safety.
“Overall, your risk for future sexual assaults was considered high.” — the parole board stated.
The decision notes that MacLeod identifies as Mi’kmaq, and reported a family history of substance abuse, family and community fragmentation and violence and sexual abuse. A psychological assessment completed in 2006 referred to previous diagnoses of oppositional defiant disorder and non-exclusive pedophilia.
“Overall, your risk for future sexual assaults was considered high,” the parole board stated. Specialized sex offender assessments from 2013 and 2016 assess MacLeod as a high risk to reoffend in a sexual manner.
The board noted he has begun to make some positive changes. While in federal custody, MacLeod has completed programming including the high intensity offender program, victim empathy, alternatives to violence and the board also notes he attends 12-step meetings and works with the institutional elder to participate in traditional ceremonies.
The board noted that MacLeod’s release plan would include living in a community residential facility in Nova Scotia. However, the facility is not willing to accept him and the area’s police service does not support his release there.
