The sentencing of a former teacher convicted of sexually assaulting his daughter’s friend was delayed Wednesday when the defence lawyer noted that his client’s aboriginal roots had not been fully explored in a presentence report.
Lawyer Ken Marley asked that the sentencing be adjourned, since he only received the presentence report which mentioned his client’s native heritage Wednesday morning.
“My client had indicated to the probation officer in the course of preparing the presentence report that he has some Metis background,” Marley said. “As a result that information came to everyone’s attention when the presentence report was prepared earlier this week.
“It is my understanding that his paternal grandmother is of Metis background.”
The Supreme Court has said that, given the over-representation of native people in the judicial system, courts must consider the special circumstances aboriginals face when sentencing them.
“It took me completely by surprise,” Ontario Court Justice Guy DeMarco said about hearing the accused has native roots.
DeMarco rescheduled the sentencing for Feb. 1, saying the law is clear on aboriginal background.
“It’s an obligation,” DeMarco said. “So I have no choice but to adjourn the sentencing.”
The 45-year-old Kingsville man, who can’t be named to protect the identity of the victim, was convicted in November of sexual assault and sexual interference. The court found that in July 2011 the man groped his daughter’s 15-year-old best friend while she slept on a couch at his home and used her hand to masturbate him.
The victim called police after leaving the house in the morning. He was suspended from teaching after being arrested that same day.
He was found not guilty of sexual touching in another offence.
