2 total
The court dismissed a Charter challenge to the 90-day mandatory minimum sentence for sexual interference.
The defendant was convicted of sexual assault and sexual interference following trial.
The sexual assault conviction was conditionally stayed pursuant to the Kienapple principle.
The defendant was sentenced for sexual interference contrary to section 151 of the Criminal Code.
The defendant challenged the mandatory minimum sentence of 90 days imprisonment as constituting cruel and unusual punishment under sections 7 and 12 of the Canadian Charter of Rights and Freedoms.
The court dismissed both Charter applications and imposed the mandatory minimum sentence of 90 days, less credit for pre-trial custody.
Custody Custody decision noted
The defendant pleaded guilty to gross indecency involving the sexual abuse of a child victim in the 1960s.
The abuse occurred when the victim was 8-12 years old and was perpetrated by the defendant, who was a foster parent and lay minister.
The victim did not disclose the abuse until 2010.
The defendant had previously been sentenced in 2006 for similar offences against the victim's sister.
The court imposed a conditional sentence of 18 months house arrest rather than custodial imprisonment, considering the defendant's advanced age (75), serious medical condition (prostate cancer), low risk of reoffending, and the passage of nearly 50 years since the offence, while still maintaining principles of denunciation and general deterrence.
