Sask. sex offender appeal mostly quashed

A Saskatchewan man who admitted to sexually assaulting his sister as well as two of his daughters won’t be spending less time in prison, but will spend less time on the sex offender registry thanks to a case at the Supreme Court.

The decision recently came down from the Saskatchewan Court of Appeal.

None of the people involved can be identified, as per a court order. In this story, they will be referred to as E (the appellant’s daughter), F (the appellant’s eldest daughter) and R ( the appellant’s sister).

In October 2021, an anonymous source contacted Child and Family Services and told them that E had said the appellant had touched her sexually. The RCMP was then contacted.

After being taken to an RCMP detachment the same day, E — who was 16 years old at the time — told police that, in 2017 when she was 12 years old, her father had sexually abused her over the course of several months.

From what E described to the police, the appellant was charged with sexual assault, sexual interference and sexual exploitation.

On Jan. 26, 2022, during the appellant’s court appearance, he admitted to the offences he was charged with and then told the judge that he had also sexually abused his other daughter, F, in the same manner. F was also between 12 and 13 years old at the time of the offence.

As a result, the police opened an investigation in relation to F. At the time of her interview with the police she was 17 years old and told police about multiple instances of sexual abuse.

Also on Jan. 26, 2022, R provided a written statement to the police saying her brother, the appellant, had sexually assaulted her in 2004, when she was 12 years old and he was 20 years old.

The incident surrounding the appellant’s sister happened in 2004, according to court documents. The appellant was 20, was recently married, and had one infant child at the time.

On the night of the offence, R was babysitting for the appellant and his wife in their home. Once they returned, the appellant said he was too tired to take R home. He told her she could sleep in a basement bedroom. When R got into bed, the appellant lay down beside her and began to molest her. The encounter was brief, and the appellant left the bedroom immediately after.

In 2017, at the time of the incident involving E, the sentencing judge observed that E was in her bed and the appellant was fully clothed when he began to touch her. As time progressed, the appellant was partially or fully naked when he molested E.

During one incident, the appellant asked E to engage in sexual acts, which E refused. In total, E identified eight separate incidents of abuse. The appellant’s daughter F had similar experiences to her sister.

Ultimately, the appellant pleaded guilty to three counts of sexual assault and two counts of inviting a young person to touch a part of the body for a sexual purpose. Initially, the man was sentenced to 10-years in prison and a lifetime order on the sex offender registry.

He appealed his sentence, saying that serving time away from his family would do more harm than good, which the appellants’ daughters agreed with.

The majority on the Court of Appeal upheld the 10-year prison sentence but reduced his time on the sex offender registry to 20 years, citing a Supreme Court of Canada which found that a mandatory lifetime order on the sex offender registry was unconstitutional.

He also faces an order barring him from attending or participating in certain activities, such as: Going to a public park or swimming pool where minors under the age of 16 may be present; or becoming or being a volunteer where the appellant would be in a position of trust or authority towards persons under the age of 16.

He’s also prohibited from having any in-person contact with anyone under the age of 16 years without supervision.

Editor’s note: This story has been updated to correct the decision by the Court of Appeal on his sentence and expand reasons for the decision on the sex offender registry order.