Ministry says Kelowna case 'had no impact' on latest public warning, as sex offender gets detention order

Taylor Dueck is seen in these police handouts.

The convicted sex offender accused of reoffending after his most recent release from custody will be held in jail while the new charges work their way through the courts.

A Kelowna provincial court judge ordered the detention of Taylor Dueck on Thursday, which means "he will remain in custody until the file is concluded," according to the BC Prosecution Service.

Dueck is charged with sexual interference, invitation to sexual touching and breach of probation, all of which stem from an alleged incident involving an 11-year-old girl at a Kelowna equestrian facility last month.

The arrest sparked outrage across the province, because no public warning was issued when Dueck was released from provincial custody before the latest incident.

No warning was issued despite the fact that Dueck had been the subject of multiple such warnings in the past.

The father of the 11-year-old, who cannot be identified because of a publication ban on the girl's name, told CTV News the lack of a warning was "mind-boggling" and "beyond disappointing." 

Official Opposition leader Kevin Falcon blamed the provincial NDP government for what he called a "despicable failure." 

Kelowna RCMP have said they "sought" a public interest disclosure regarding Dueck's release into their community, but one was not issued. The provincial government has no control over the RCMP's procedure for determining whether such a warning will be issued.

While Mounties have not specified who, exactly, decided that Dueck's case did not merit a warning, the general procedure for issuing such warnings places that responsibility with the commanding officer of a given RCMP division – in this case, E Division, which serves the province of B.C. 

No warning from BC Corrections

BC Corrections, which is a provincial agency, can issue its own public interest disclosures about offenders it believes pose a potential danger to the community where they will be residing.

Indeed, the agency did so earlier this week, warning Campbell River residents that 31-year-old Tyson Jerome Andrew planned to reside in the city and "has a lengthy criminal history that includes convictions for sexual assault." 

Asked about the timing of the Andrew disclosure, the Ministry of Public Safety confirmed to CTV News that it was the first one BC Corrections had issued in more than a year.

"The last public notification issued by BC Corrections was in October 2022," the ministry said in a statement.

"Public notifications can be conducted at the discretion of local police or by BC Corrections and are considered on a case-by-case basis to determine if the threshold of requirements is met in accordance with privacy laws."

Among the factors BC Corrections considers when determining whether to issue a warning are "what other measures and court ordered conditions are in place," the individual's specific offence history and risk profile, whether a more limited notification – such as of the offender's immediate neighbours – would suffice, and whether there is another agency issuing a notification, the ministry said.

Asked whether the decision to issue a public notification in Andrew's case was influenced by the backlash to the lack of such a disclosure in Dueck's case, the ministry said no.

"As noted, there are specific considerations when determining whether to issue a public notification and it is determined on the relevant factors of each particular case," the ministry said. "As such, the matters in Kelowna had no impact on the decision to conduct a public notification in this case."

Public Safety Minister and Solicitor General Mike Farnworth has promised "a full investigation" into the circumstances of the decision not to issue a warning about Dueck, saying "there was clearly a failure" in that process.

Dueck's next scheduled court appearance is on March 21 in Kelowna provincial court.