M. Dwyer

The offender, an Indigenous man and survivor of the 'Indian Day School' system, was found guilty of four counts of sexual interference against an 11-to-13-year-old child.

The court weighed the paramount principles of denunciation and deterrence for child sexual offences against the offender's profound history of trauma, abuse, and systemic racism.

A sentence of 3 years in jail was imposed, along with ancillary orders, reflecting a significant reduction from the Crown's proposed range due to Gladue factors.

The father brought a motion to change a child support order, seeking to reduce table support for his adult daughter who was attending university away from home for eight months of the year, and to fix his contribution to her section 7 expenses.

The mother opposed, arguing that full table support should continue as she maintained a home for the daughter's visits and study breaks, and sought an increase in support based on the father's higher income.

The court dismissed the father's request to reduce table support, finding the table approach was not inappropriate given the family's pre-separation lifestyle and the mother's ongoing household expenses.

The court increased the table support to reflect the father's current income and apportioned the section 7 expenses 67% to the father and 33% to the mother.