Judge rejects long-term offender designation in child porn case

A Saskatoon judge has declined to declare a man convicted of having child pornography a long-term offender because the circumstances around him and his crimes are too severe.

Gabriel Curtis Roy recently pleaded guilty to possession of child pornography in Saskatoon — his third such conviction. He also has several convictions for breaching his conditions and one conviction from 2008 for sexual touching and sexual assault of a three-year-old.

A joint submission from the Crown and defence lawyer asked Judge Quentin Douglas Agnew to designate Roy a long-term offender, sentence him to five years in prison, a 10-year long-term supervision order and another one-year sentence on the breach charge. The submission also asked for ancillary orders like a DNA order, a lifetime ban on being around children or in places where they’re likely to be, and a lifetime ban on accessing the internet except in specific circumstances.

Normally a lot of weight is given to a joint sentencing submission and in his decision Agnew pointed out the experience and skill of the two lawyers. But Agnew decided a long-term offender designation isn’t something that can be agreed to in a joint submission.

To be determined a long-term offender, there are several boxes the offender has to check: An appropriate sentence for the offence they’ve been convicted of is more than two years, there is a substantial risk the person will reoffend, and there is a reasonable possibility of eventual control of the offender’s risk in the community.

Agnew determined the first two requirements are met in the case of Roy — five years would be the agreed-upon sentence for the child pornography possession charge.

According to Agnew’s written decision there’s also ample evidence that Roy will reoffend. A clinical psychologist, Dr. T. Hook, did an assessment of Roy.

She said it is likely that Roy will reoffend, engaging in sexual contact with a child, and that Roy intends to seek out child pornography.

“There have been no indications that Mr. Roy is genuinely interested in working towards reducing his level of risk or improving his ability to manage, in a safe and healthy manner, his strong sexual attraction to female children,” said Hook, according to the Agnew’s written decision.

Roy himself even said he will likely reoffend. Roy addressed the court and said he probably couldn’t stay away from child pornography if released.

Roy also told court he would prefer to stay in jail, where his temptation to reoffend is reduced.

Agnew pointed out that a long-term supervision order, which is a part of a long-term offender designation, only works when the threat of going back to prison is a deterrent and, in this case, it’s not.

The third requirement for a designation is the one Agnew decided Roy didn’t meet — that there really isn’t a prospect of controlling Roy’s risk when he’s out in the community.

In his many jail and prison sentences and releases, Roy has had opportunity to engage in programming but hasn’t really done so.

Hook said it’s unlikely there will be a reduction in risk for Roy through treatment programs, drugs to controls his urges don’t work, and intensive supervision in the community hasn’t worked.

Hook had been asked to describe the ideal release plan for Roy with no restrictions, and even with that she said control of him would only be “possible.” Agnew pointed out that Hook’s ideal plan is far from what would be waiting for Roy upon his release.

Agnew referred to reports from the Parole Board of Canada in previous dealings with Roy. The board had determined legal sanctions and jail have had no impact on him and Roy actively sought out child pornography within days of release.

“It is clear to the Board that based on this behaviour there are no known supervision programs or strategies that can manage the high degree of risk that you pose for sexual reoffending,” Agnew’s decision quoted from the parole board.

Agnew declined to designate Roy a long-term offender.

“I conclude that it is not reasonable to expect that Mr. Roy will be controllable in the community by the end of any period of supervision which I can legally impose, let alone at the time of release from imprisonment,” wrote Agnew. “There is no credible evidence that he even wants to reach such an outcome, let alone that he is willing to work toward it.”

Roy hasn’t been sentenced yet. Because he isn’t being designated a long-term offender, the lawyers have asked to make further submissions on the appropriate sentence.