The 73-year-old accused was convicted of sexually assaulting a 16-year-old victim who was sleeping at his home after consuming alcohol.
The Crown sought a sentence of two to three years' incarceration, while the accused sought a conditional sentence, relying on his Indigenous heritage and Gladue factors.
The court found insufficient evidence of Gladue factors to warrant an alternative sanction and emphasized the need for denunciation and deterrence for sexual offences against adolescents, applying the principles from Friesen.
The accused was sentenced to 12 months' incarceration, less pre-sentence custody credit, followed by 12 months' probation.
