By Patrick Burles - @PatrickBurles on Twitter

Defence asks court to consider past sentencing laws in historic sex crimes case

Jun 20, 2018 | 5:28 PM

LETHBRIDGE – The lawyer for a 49-year-old man facing charges for alleged historic sex crimes, is asking the court to consider sentencing provisions from more than 30-years ago – if his client is convicted.

The accused cannot be named as he was a youth at the time of some of the alleged offences. The Crown says the crimes occurred in the 1980s and 1990s.

During a hearing Wednesday afternoon, June 20, defence lawyer Robert Bissett had his client’s adult charges adjourned to next week, as they work with the prosecution to schedule a preliminary hearing, which determines if there is enough evidence to warrant a trial. Should it proceed, they also elected trial by a Queen’s Bench Justice alone.

As for the youth charges, Bissett argued that if his client is found guilty – he has yet to enter pleas – sentencing should be based on either the Juvenile Delinquents Act (1908-1984) or the Young Offenders Act (1984-2003), instead of the current Youth Criminal Justice Act (2003). He explained that under the Canadian Charter of Rights and Freedoms, if a law has changed since the commission of an offence, an offender should receive the benefit of the “lesser punishment” between the old and new law.

His specific concern is that under the current legislation, a sentence that includes time in custody is an option. Under the Juvenile Delinquents Act, the offender could be sent to an industrial school, and as they no longer exist, Bissett suggested a sentence could be a fine, a suspended sentence or probation. In regard to the Young Offenders Act, an offender could only receive a custodial sentence if they were considered a danger to the public.

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Bissett concluded that it would put his client at a disadvantage to proceed with his case without knowing how the law would apply to him.

Crown prosecutor Dawn Janecke responded by stating that it’s premature to discuss sentencing before the accused has entered a plea or any facts have been determined by the court. She added that even if the accused was convicted, the Crown would maintain that the sentencing should be under the law as it stands today.

On a second point, Bissett asked the court to grant them permission to conduct a preliminary hearing on the youth matters, even though such an option is not available to anyone under the age of 18. He stated that the original charges in youth court included some of the adult accusations, which meant a prelim was an option. When the Crown amended those charges – separating them between youth and adult court – it took the option away for the youth matters. Bissett said the delay in amending the charges was unfair to his client and that a prelim would remedy the situation.

Janecke told the court that the combined youth and adult charges was the result of a “miscalculation” early in the process, and that once they realized the mistake they had to amend the charges and split them up. She added that they informed the defence that they would be reviewing the charges and could be making changes, and that a prelim on the youth matters should not be granted.

After hearing from both sides, Judge Derek Redman adjourned the case to July 11, at which time it’s expected he will provide his decision on both issues.

Background

According to Picture Butte RCMP, they were contacted by a victim in September of 2016 who reported that when she was a child she had been sexually abused by a man known to her. Through their investigation, police say three additional women came forward with allegations that they had suffered similar assaults.

All of the alleged offences occurred in the 1980s and 1990s, with incidents beginning when the accused was a youth and continuing into adulthood.

Charges against him include sexual interference and invitation to sexual touching.

He is currently out of custody with bail conditions that bar him from having contact with anyone under the age of 18.