Whitehorse Daily Star

Close court for man’s sentencing: Crown

The Yukon Crown is asking that sentencing be closed to the public for a man convicted of 19 charges for sexual offences against young girls.

By Emily Blake on October 20, 2017

The Yukon Crown is asking that sentencing be closed to the public for a man convicted of 19 charges for sexual offences against young girls.

Earlier this month, a 47-year-old man, whose name cannot be published to protect the identity of his victims, pled guilty to seven counts of sexual interference with a person under the age of 16, 13 counts of producing child pornography, and two counts of voyeurism.

Crown prosecutors Noel Sinclair and Susan Bogle are now asking that the public and media be barred from sentencing proceedings. They cite the highly sensitive evidence in the case and concerns for the privacy of the young victims.

While the request is unusual, Sinclair argued it’s necessary in this case.

Disturbing material

The court will have to review an audio-visual exhibit that contains “extensive, categorically illegal, graphic and profoundly disturbing” child pornography,” he said.

Sinclair cited public morals and the proper administration of justice as reasons to close the proceedings.

According to the agreed statement of facts in the case, the convicted man took videos and still photographs of sexual assaults against some of his victims. He also surreptitiously recorded young girls changing and bathing.

In total, the RCMP seized 58 video recordings and 644 still images which contained child pornography involving Yukon-based victims.

The Crown, RCMP and the defence are working together to determine which of the recordings will be included in the audio-visual exhibit for sentencing.

In his experience as a Yukon Crown prosecutor, Sinclair said, territorial judges will sometimes choose not to review materials in child pornography cases and instead rely on lawyers’ submissions to make sentencing decisions.

But it is necessary for Yukon Supreme Court Justice Ron Veale to view the exhibit, he argued, to understand the “extreme gravity” and breadth of the offences.

Sinclair recommended that Veale review the materials alone in his judge’s chambers to prevent others, including the accused, from having to view them.

As well, that measure would address concerns with protecting the identities of the young victims.

“The materials I am asking you to examine are profoundly disturbing and upsetting, and they are the kinds of things that the court cannot unsee,” Sinclair noted in court Thursday morning. “You need to seal yourself for the examination.”

Sinclair also requested that after sentencing, the audio-visual exhibit be sealed.

Once it is no longer needed for legal purposes, he argued, the materials should be returned to the RCMP’s Special Response Unit for destruction.

The Crown further asked for copies of indictments in the case that list the 11 victims’ names or initials to be permanently sealed to ensure confidentiality.

An anonymized copy of the agreed statement of facts is still publicly available on the court record.

Sinclair said this is important for promoting the reporting of sexual assault offences.

If victims’ identities are publicly available on the court record, he argued, it could deter people from coming forward.

“Those are notoriously underreported across Canada,” he noted.

Veale granted the order to seal the indictments Thursday morning. But he said he needs to review arguments on closing sentencing, at it would set a precedent in the Yukon.

The Crown’s application was unopposed by defence lawyer Vincent Larochelle and Yukon media outlets.

Sinclair acknowledged that transparency of court processes and freedom of the press are fundamental public interests.

But he said these interests should be balanced against victims’ privacy and therapeutic needs, as well as public morality.

“These victims would likely suffer further significant psychological harm if their identities can be inferred from their initials, or if these graphic and profoundly disturbing intimate photographs and video recordings are viewed publicly during court proceedings or made publicly accessible on the court record,” the application reads.

Comments (8)

Up 1 Down 0

Groucho d'North on Oct 26, 2017 at 8:13 pm

As it should be. Sad cases like this one do not benefit from the public knowing the salacious details. Protect the innocent.

Up 20 Down 0

anonymous on Oct 23, 2017 at 5:51 pm

You have daughters all grown up who still run the risk of being assaulted. Can't even be safe in a cab. Don't celebrate quite yet.

Up 26 Down 2

Dave on Oct 23, 2017 at 3:45 pm

I hope the judge and any other court officials who have to view this material have access to any support they may need afterwards as well. As the article says, you just can't unsee some things once you've looked at them.

Up 45 Down 1

Mike on Oct 23, 2017 at 1:35 pm

Congratulations to Crown for asking for closed viewing of evidence. Survivors of offences like these are entitled to all efforts to preserve their dignity, which this offender brutally attempted to strip from them.

To the survivors - you did not deserve this, and I hope you get all the support you need to heal from these incidents. This person did not strip you of your worth, he stripped himself of dignity, and the shame is HIS , not yours.

Up 26 Down 3

June Jackson on Oct 22, 2017 at 5:03 pm

I have daughters, all grown up now thank God.. This is the day of the criminal and this deviant will likely get counselling and a stern, don't do this anymore..

These are little girls and this is a humiliating, shameful thing for them.. they should be protected.. Society has started to treat sexual offences as mental illness, giving assault a thin coating of respectability.. 'couldn't help it, he's mentally ill'.. but also mitigating any retribution the pervert might face in court...Mental illness does not get the same sentence as a sexual deviant conducting assault on the child.. The recidivism rate for pedophiles is extremely high, with scientific reports that they can not be rehabilitated at all, but will always be the school yard monster..

Up 41 Down 4

Josey Wales on Oct 22, 2017 at 7:24 am

Why? I will go one step further, post sentence if they still hung people in public....I would attend.
Hell...I’d gladly pull the floor out from under his feet.
Most certainly ceases the most common Canadian nefarious value of all....reoffending.

Up 42 Down 0

Noel Sinclair (Crown counsel, PPSC Yukon Regional Office) on Oct 20, 2017 at 6:15 pm

Please note that the Public Prosecution Service of Canada is seeking only that the audio-visual sentencing exhibit be examined in a closed court setting and that the remainder of the sentencing proceedings continue to be in open court and publicly accessible.

Up 56 Down 5

Tina R on Oct 20, 2017 at 5:43 pm

I believe that everything should be sealed to protect these young victims. The media does not need to be present and view this material - they only need to report the outcome.

I do believe that the general public has the right to know who the perpetrator is though once he has been found guilty and sentenced. Other parents have the right to know so they can protect their children in the future when this person is released. Or, perhaps there are more victims out there.

I understand the importance of protecting the young victims, but the criminals identity should not be protected.
It is disgusting what he has done and I hope he in with the general population in prison and not further protected.

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