An Alberta man who “suffered extreme physical and sexual abuse as a child” received a three-year jail sentence after being found guilty of four counts of sexual interference involving a child in Guelph.
The judge’s decision was handed down in August following a trial that ended in February. Written reasons for the sentencing decision were posted online earlier this month.
Due to a publication ban meant to protect the victim’s identity, only the man’s initials – L.C. – are used in the written ruling.
Various instances of sexual touching and unwanted oral sex occurred between 2019 and 2020, beginning when the victim, the daughter of a friend, was 11 years old.
“L.C. abused his position of trust over a young child. … His conduct was violent, exploitative, and extremely harmful,” states the decision from Justice Faisal Mirza. “Throughout these reasons, I acknowledge the significant and multi-dimensional detrimental impacts on the victim. She has suffered significantly taking into consideration her circumstances including but not limited to her young age, dependency, vulnerability, violation of her home environment and trust.”
In reaching a sentencing decision, Mirza sought to balance the need for denunciation of the offences and the perpetrators experience with “Indian Day Schools” and systemic racism.
“I will strive to impose a just sentence that considers the required statutory and common law principles. However, words alone cannot capture the long-term devastating harm caused to everyone involved due to the sexual abuse of children and the impact of anti-Indigenous racism.”
Born in 1974 to parents from Liidlii Kue First Nation, L.C. was the third generation in his family to attend residential schools. He spent three periods of time at two such schools in Alberta.
“L.C.’s life has been significantly and continuously impacted by state-sanctioned colonialism and anti-Indigenous racism,” wrote Mirza. “L.C. suffered extreme physical and sexual abuse as a child in those school institutions. The abuse resulted in long-term psychological harm and mental illnesses.”
As noted in the decision, he experienced abuse at the hands of school officials as well as other students, including being gang raped.
“The court must look to the ways in which the circumstances of Aboriginal offenders are different due to the effects of colonization and a history of discrimination,” the decision reads. “That said, the gravity and seriousness of the offences are not attenuated by the personal circumstances of the accused.”
While the defence asked for a conditional sentence of two years less a day and three years of probation, the Crown wanted to see L.C. sent to jail for 4.5 to 5.5 years.
“The three-year jail sentence imposed on L.C. is a significant jail term but below the range (given in non-Indigenous cases) because it recognizes that L.C. has distinct disadvantages that reduce the extent of his moral blameworthiness,” Mirza wrote.
In addition to the jail term, L.C. was given a lifetime ban on contacting his victim.
The full sentencing decision can be found here.
