The defendant, a high school mathematics teacher, was convicted of two counts of sexual assault against two 15-year-old female students, involving inappropriate touching.
The Crown sought 12 months incarceration, while the defence sought a suspended sentence.
The court considered aggravating factors including the breach of trust by a teacher, the victims' vulnerability, and the ongoing negative impact on the victims.
Mitigating factors included the defendant's loss of employment and emotional suffering.
The court also considered the defendant's prior assault conviction in 2009, which indicated a pattern of inappropriate touching.
The court found the mandatory minimum sentence of one year imprisonment under s. 271(a) of the Criminal Code to be constitutionally invalid under s. 12 of the Charter in this case.
The defendant was sentenced to two months intermittent incarceration, followed by two years of probation, a DNA order, lifetime SOIRA registration, and ten-year weapons and s. 161 prohibitions.