The 80-year-old accused was convicted of sexual interference involving a 9-year-old victim whom he tutored.
The Crown sought 12 months in jail, while the defence sought a conditional sentence.
The court noted the accused's severe medical issues and the risks posed by the COVID-19 pandemic in a custodial setting.
Applying the recent decision in R. v. Sharma, which struck down the prohibition on conditional sentences for offences with a 14-year maximum penalty, the court imposed a 12-month conditional sentence, finding that incarceration would likely be a death sentence for the accused.
