The 71-year-old offender was convicted of sexual exploitation for performing oral sex on a 15-year-old male who lived with him in 1988.
The Crown sought a penitentiary term, while the defence sought a conditional sentence.
The court found that a conditional sentence was legally available under s. 11(i) of the Charter, as there was no mandatory minimum at the time of the offence.
Considering the offender's advanced age, deteriorating health due to Parkinson's disease, genuine remorse, and low risk to reoffend, the court concluded that a conditional sentence would meet the objectives of denunciation and deterrence.
The offender was sentenced to a conditional sentence of two years less a day, followed by one year of probation.