Whitehorse Daily Star

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‘There is a persistent pattern of aggressive behaviour’

A lifetime of misery – for himself and for others – has led to a Whitehorse man being labelled a dangerous offender.

By Tim Giilck on June 18, 2021

A lifetime of misery – for himself and for others – has led to a Whitehorse man being labelled a dangerous offender.

Herman Thorn, 51, appeared in territorial court Thursday morning to face his fate after pleading guilty to a litany of charges.

Thorn, originally from Saskatchewan, is the first person to be declared a dangerous offender here in a few years, noted Crown prosecutor Noel Sinclair.

In 2017 or 2018, he said, the rules were changed by top courts in Canada on how the dangerous offender designation was to be applied.

The new rules tightened up the system, he said, making it more onerous to work through the process.

Thorn was convicted of a series of assaults in Whitehorse, including on two corrections officers last year.

The Whitehorse Correctional Centre guards tried to intervene when Thorn was brawling with another inmate – and he injured both of them.

One was diagnosed with post-traumatic stress disorder as a result. One suffered a knee injury.

That’s only the tip of the iceberg, though, Sinclair said as he talked to reporters about the case.

He called Thorn’s unbelievably long record for assaults “terrible”.

The official number of offences is listed at 22.

Judge Peter Chisholm presided over the case, and he agreed with that assessment.

At the same time, Chisholm acknowledged Thorn’s tragic upbringing. None of his immediate family members, the judge said, has had a natural death. Thorn’s only remaining sibling is serving time in a penitentiary.

Thorn’s father killed his mother, setting much of the chain of tragedy in play.

Thorn himself was convicted of manslaughter, after killing a family member in a substance-induced rampage.

Substance abuse is a constant theme in Thorn’s crimes and convictions. A psychological evaluation indicated his inability to regulate his behaviour to an acceptable level is inextricably tied to his substance abuse. The more he drinks, the more violent he becomes.

It’s a predictable pattern, stated the doctor who wrote the report.

Equally of concern, the report stated, was the inability of Thorn to take responsibility for his actions and to show remorse.

He constantly blames everyone else for his innumerable violent activities, while accepting none for himself.

Thorn, the judge said, also seems to have no self-awareness or ability to predict how his rages will affect others or lead to consequences for himself, as most adults have.

The report also said it was possible but unlikely that Thorn’s rampages would diminish as he gets older.

By his age, most people show some moderation, if not outright decline, in aggressive behaviour.

Thorn has shown no such decline, the analyst wrote, and there is no guarantee he will at this point.

“He may not follow the normal course,” the psychologist wrote.

Thorn’s crimes reach back decades. He was first charged with criminal offences in 1988. Assaults, both against family members and strangers, have been a constant in his life.

In one apparently unprovoked assault on a stranger, he bit part of the man’s nose off.

The two had been acquainted, but the summary of the case didn’t indicate anything other than a random rage. The acquaintance was simply in the wrong place at the wrong time, court heard.

He fled from Thorn, and stumbled across two police officers, who intervened.

In the case of the family member Thorn killed, Thorn had no memory of what happened. He was so intoxicated he couldn’t remember slashing the man’s throat, and struggling with other family members who tried to stop him.

In another extreme example of his volatility, police were once called to his home only to find Thorn’s wife fleeing from him and jumping, naked, out of a window. The temperature outside at the time was -30 C.

Within a week of his completing one sentence another time, the offender was involved in domestic violence within a week of being let out. That sent him back to prison fairly quickly.

Many of these events occurred either in Alberta or in the Northwest Territories.

In 2013, he escaped being designated a dangerous offender after the nose-biting incident only to go on to commit a plethora of crimes, mostly serious assaults.

During Thorn’s many stints in jail and prison, the judge said, he has been provided with many therapy and counselling sessions.

Generally, Thorn had done well with the sessions, reports indicate, but he was totally unable to translate what he had learned into a real world setting.

“Thirty years of treatment and programming has been ineffective,” the judge noted, reading from the report.

The psychological evaluation suggested Thorn suffers from anti-social personality disorder as well as substance abuse problems.

There is no reason to think Thorn is completely untreatable, the judge said, but there is a poor chance of risk reduction.

“There is a persistent pattern of aggressive behaviour,” the judge said. “There is a history of reactive violence. His behaviour appears to be intractable.”

All of that, Chisholm said, makes Thorn a constant potential danger to the public, and meets the standard for being declared a dangerous offender.

Thorn had been growing visibly agitated as the judge talked on.

His legs grew restless as the proceeding continued, under the watch of five courtroom security staff, and his hands clenched repeatedly.

The judge placed Thorn under an indeterminate sentence, which potentially means he could spend the rest of his life in prison.

Sinclair said an indeterminate sentence means Thorn will have to wait seven years to apply for parole.

The National Parole Board will then have to decide if his request will be granted, even in part.

An indeterminate sentence and the dangerous offender designation is the same thing that some very high-profile offenders, such as Ontario multiple murderer Paul Bernardo, have been sentenced to.

Comments (20)

Up 12 Down 4

Oya on Jun 24, 2021 at 10:11 am

@ Oberver.... Not when it involves criminal actions and public safety. Those people need to be in jail and not out on the streets. I don't care how bad their childhood was or any other circumstances they claim to be victim of to justify their criminal actions. I have no desire to walk in their shoes to try to understand their violence; they belong in a place removed from society so society can be safe.

Up 12 Down 4

Dave on Jun 24, 2021 at 3:12 am

Hey Oberver, I really have no intention of ever walking in the shoes of a complete lowlife such as the subject of this article is. No one has to have empathy for a person who repeatedly does what this guy has.

Up 4 Down 22

Oberver on Jun 23, 2021 at 10:27 am

Agreed the guy is no saint.
At the same time, I offer this advice to the high and almighty who look down on the rest of us, don't criticize until you have walked a mile in the person's shoes.

Up 3 Down 10

Simon on Jun 22, 2021 at 3:21 pm

Of course I abuse the system, don't you?

Up 11 Down 9

There is a persistent pattern of emotionalism on Jun 22, 2021 at 1:21 pm

So what! There are individuals who are walking around Whitehorse / Yukon with over a hundred convictions on their records.
Many of our star players go before a judge with 20 or more allegations of violence and breach of process violations - They don’t follow court orders because they don’t have to… Those mean Bail/Probation officers.

There is a lot of stupidity that goes on in the Yukon Justice/Legal system. For example, while the original substantive criminal offence allegation may disappear because of a lack of evidence, etc., the individual may be convicted of a process offence - breach of court order for not following the court order - Seems to be a process ripe for abuse. Then there are cases where breach allegations are used as leverage by the Crown to secure a conviction… These will disappear if…

You also have probation officers, lawyers, etc., with little or no actual knowledge about criminal processes and they are making decisions about public and victim safety… Without evidence, foundation in law, knowledge and understanding of human behaviour in environment, and no other basis but their thoughts and feelings - This is why things are so screwed in the Justice / Legal system because it is nothing more than the codification of an emotional-legalism.

Up 14 Down 10

bonanzajoe on Jun 21, 2021 at 9:02 pm

Phil Lospher, "Conservatives"? Please tell us that was a typo and you meant Liberal. The Conservatives haven't been in power for the past 5 1/2 years. If it wasn't a typo, I would like a explanation.

Up 19 Down 2

John Smythe on Jun 21, 2021 at 5:34 pm

Ok, is that like “ strike 22, your out”???

Up 6 Down 2

Yukon star on Jun 21, 2021 at 3:35 pm

@Moe good thinking we will be ready for him.

Up 18 Down 3

Dave on Jun 21, 2021 at 3:06 pm

Simon, it’s your judgement that seems to be completely off kilter. Everything that Public Order and Safety stated was right on the money.By any chance are you one of the beneficiaries of our never ending revolving door court system?

Up 17 Down 3

Would be nice... on Jun 21, 2021 at 1:32 pm

If the police would publish this dangerous offenders photo. It would help us common folk know who to look out for when he's back on the street in a few years.

Up 10 Down 34

Phil Lospher on Jun 21, 2021 at 7:24 am

You might say he's been a thorn in society side since the conservatives down south have shirked their responsibility once again failing society as a whole.

Up 6 Down 27

Simon on Jun 20, 2021 at 4:20 pm

Public Order and Safety, have you ever taught jumping off a bridge? i might be wrong, but your judgement seam to be broken beyond repair.

Up 34 Down 7

Public Order and Safety on Jun 19, 2021 at 8:39 pm

@BonanzaJoe
I completely agree. It's unfortunate that the Canadian justice system seems to give people endless chances.

Personally I believe everyone deserves a 2nd chance and maybe even a 3rd, but that should be it. Even if the person had a tough upbringing or didn't get the proper rehabilitation in jail.... sorry, but society should not be constantly put at risk just because every bleeding heart lefty wants to keep giving broken people, which is what criminals are, another chance.

Let's make every effort at fixing these broken people while they are in the system, absolutely... but when they are let out the first time it should be made crystal clear to them that if they can't operate within the rules and laws of our society they will be locked away for good. If after 2 chances, they end up back in court, we as a society should just accept that this individual is broken beyond repair and sadly, needs to go away forever.

For a recent example in Yukon, there was a guy arrested in like 2009 or 10 for assault and robbery. Then about 6-7 years later he gets caught buying an illegal silencer. Then 2 years after that, he gets caught with a huge cache of illegal weapons and hard drugs. That should be strike 3... it should be clear now that he cannot operate within the laws and norms of our society. He obviously can't be fixed and so should be sent away until he is a senior citizen or maybe permanently. This might sound harsh, but how else are we to protect society being as rehabilitation of this individual has failed? Why should we believe he will change at this point?

Instead I'm sure he will be given a year or two and be back out in society amongst the rest of us. Then the cycle will continue.

Up 10 Down 26

Nathan Living on Jun 19, 2021 at 1:50 pm

Joseph Wales, for the most part your comments here are the voice of reason.

Up 25 Down 27

Josey Wales on Jun 19, 2021 at 8:02 am

Hmmm...seems like he shares a symbiotic relationship with the state.
The courts since P.E.T. have hugged thugs, wrote policies that lets feral humans outta cages to predate other regular law abiding good folks.

Kinda hard to establish such a productive accomplishment life, with no help from the state.
Everyone has a story, not everyone’s story is written by themselves.
Sometimes tragic circumstances influence the narrative of said story, but still your story.
No story is justification for launching violence towards another that is not in “the” story for no other reason...than the author writes you into it...cuz.

Oh hey...speaking of dangerous offenders, if our Canadian constitution could talk? It could illustrate a great fact based litany of just exactly how NOT our many entrenched liberals care not for it (constitution) or actual public safety.
Their ideological fantasies are far more dangerous than Ebola, CHIna virus, HIV, SARS combined.
Said ideological fools create folks as Thorn, I suggest more than their circumstances.

Till the next cut and paste story, with different actors...maybe...
Do not forget folks, everything the state does?
It does for your safety, has only your best interests in mind and they take public safety very very serious like.

This has been story time with Josey, thank y’all for reading.

Up 43 Down 5

moe on Jun 19, 2021 at 1:05 am

Someone should have dealt with this goof a long, long time ago. Good riddance.

Up 38 Down 3

Hoodwinked… Be not, hoodwinked! on Jun 18, 2021 at 10:02 pm

Good on Mr. Sinclair. He is a highly ethical and forthright member of the Crown who has repeatedly demonstrated a commitment to high standards in practicing law. This is a rarity in the Yukon and I can think of no other lawyer for the Crown who has, or currently does equal his exercise of integrity.

I have seen some unethical practices by many Yukon lawyers from laziness and ineptitude to outright deceit.
Thank you Mr. Sinclair for your continued service to the principles of Justice and giving real life effect to its meaning and intent. Justice is served well by your practice and participation in it.

Thank you!

Up 31 Down 10

bonanzajoe on Jun 18, 2021 at 4:45 pm

He'll be back on the street in 3 years. That's the Canadian way. Watch for it.

Up 46 Down 10

Not surprised on Jun 18, 2021 at 4:05 pm

Ah the wonderful Yukon, too bad it’s just a place for people to come and run and hide LOL.

Up 55 Down 11

Yukon star on Jun 18, 2021 at 3:53 pm

Seen him around the shelter, now we know what's he all about. Better not see him in the streets of Whitehorse.

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