Ms. Allan

The offender was convicted after trial of sexual assault, sexual interference, and invitation to sexual touching of a child victim between February 2009 and August 2010, when the victim was 8 to 9 years old.

The offender, a trusted family friend, engaged in invasive and repetitive sexual abuse of the victim in her home, using manipulation, grooming, coercion, and threats to maintain silence.

The court imposed a sentence of 6 years imprisonment concurrent on both counts, with credit for 37 days of pre-trial custody, a section 743.21 non-contact order during incarceration, a 10-year section 161 order with specific prohibitions, a 10-year common law peace bond with strict conditions, a lifetime SOIRA order, DNA orders, and victim fine surcharges.

The court rejected the defence argument for a lower sentence range and emphasized the paramount principles of denunciation and deterrence in child sexual abuse cases.

The defendant was convicted of sexual offences involving his niece.

During the sentencing phase, the defendant's counsel sought to exclude or redact portions of victim impact statements prepared by the victims.

The court considered the applicable legislation, including the Canadian Victims Bill of Rights and section 722 of the Criminal Code, and relevant case law.

The court ruled that all three victim impact statements would be admitted in their current form, but the judge would disregard certain portions including references to facts not proven at trial, suggestions regarding sentencing, and statements directed at the defendant.

The court balanced the fair trial rights of the accused with the rights of victims to express the impact of the crimes upon them.