Angelo Minardi

This sentencing decision addresses the sexual interference conviction of M.B., who pleaded guilty to sexually abusing his four-year-old niece.

The court considered the offender's background, mental health issues, and the serious nature of the offence, including the offender's exploitation of a position of trust and the lasting impact on the victim.

The court rejected a conditional sentence, emphasizing denunciation and deterrence as primary sentencing objectives for child sexual abuse offences, and imposed a custodial sentence of two years less one day, followed by probation and ancillary orders.

The Crown sought direction from the court regarding the defendant's eligibility for a preliminary inquiry for sexual offences alleged to have occurred during a period that straddled a legislative amendment increasing maximum sentences.

The court considered the interplay of the Criminal Code amendments, particularly Bill C-75, and section 11(i) of the Canadian Charter of Rights and Freedoms.

The court ruled that if there is a reasonable possibility that the defendant could be found guilty of criminal conduct that took place entirely after the sentencing amendment, they are potentially exposed to the higher maximum sentence and are therefore entitled to request a preliminary inquiry.