The man spoke to the court saying he believed the time he had already served in jail was sufficient. The man had served time equivalent to 645 days in jail. His lawyer sought a two year term plus time served. The crown asked for three to four years plus time served.
Good rejected both saying they were “inadequate” for the offence and sentenced the man to 10 years in penitentiary less time served. She also sentenced him to two years, to be served concurrently for making intimate images available to a minor and issuing death threats against the young girl. He is unable to own or using weapons for 10 years. The man must provide DNA to the national data bank and stay away from the girl for the rest of his life, a lifetime ban against being around anyone under 16 unless he is under supervision by an adult who knows about his conviction was also imposed. He will be on the sexual offenders list for life.
She said she would reconsider the order if he receives treatment and is found to present no risk.
His victim is now in therapy, does not do well in school, fears being around adults who are drinking, is afraid of men and boys and can’t sleep afraid her step-father will get out of jail and come after her.
Justice Good said it was “alarming” while under psychiatric assessment the man told the doctor it was the child’s idea to watch pornography and that she “probably enjoyed” the sex acts.
Good told him “I can’t imagine an eight-year-old child enjoying being anally raped after first being slapped, punched and whipped with a belt into submission,” said Good. She said he even tried to anally penetrate the child with a spoon.
She said the girl suffers self esteem issues, feels unloved, struggles in school and around any adults who are drinking. She fears men and boys and has trouble sleeping at night. She’s afraid that her step-father will come after her when he’s released from jail.
Good said the man’s has a history of family members in the residential school system and that his mother is a sexual abuse victim, he also was abused by an older family member who used to force on him, both parents were alcoholics and he grew up around violence, substance abuse and poverty. The man suffered a brain injury from an accident and now is functionally equivalent to a grade 5 education.
The man did plead guilty to the charges.
She said he did know the difference between right and wrong. She said other Indigenous people have faced similar circumstances but went on to live “peaceful, law abiding” lives.
She his acts of “cruelty, degradation and physical violence” warranted a sentence at the high end of the range.