An NWT man was sentenced Dec. 3 in NWT Supreme Court to 30 months in prison for sexually assaulting his cousin in a cabin in the Sahtu. 

In September 2018, the two cousins met in Norman Wells to spend some time together in the manSA国际影视传媒檚 cabin outside of town. The court heard that after some drinking, the man forced himself on the woman, committing a sexual assault. 

The woman spent the night at the cabin and at day break, walked seven kilometres to a friendSA国际影视传媒檚 house, where she called the . 

The incident proceeded to a jury trial in February as the man had believed the encounter to be a consensual act. The woman told the jury that she resisted and her cousin was forceful. The jury accepted the womanSA国际影视传媒檚 statement of events to be true. 

A publication ban prevents SA国际影视传媒 from disclosing information that could identify the victim, including the name of the offender. 

Defence lawyer Peter Harte told the court that since his client's conviction, the man has taken advantage of every possible counselling and treatment opportunity while in custody. In addition, the offender signed up for an online anger management class that he paid for out of his own pocket. 

In his 15 years of legal practice in the North, Harte said he had never seen a client demonstrate that level of engagement in his rehabilitation.  

For the 16 months the man has already spent in custody, Harte suggested a sentence of time served for the offender. 

The court heard that the guilty part, himself a victim of sexual assault earlier in life, has SA国际影视传媒渟ignificantSA国际影视传媒� Gladue factors at play SA国际影视传媒� social disadvantages experienced by Indigenous peoples. The man attended residential school and was raised by residential schools survivors. Harte also told the court the offender has undergone serious trauma and he blames himself for a friend committing suicide.

Harte points to the SA国际影视传媒渨orseningSA国际影视传媒� disproportionate rates of incarceration for Indigenous people in Canada. When Gladue factors were decided in 1999, he said Indigenous people represented two per cent of the Canadian adult population but 10 per cent of the prison population. 

Based on a 2013-14 report, Harte said Indigenous people comprised three per cent of the Canadian adult population and 24 per cent of admissions to provincial and territorial correctional facilities. In federal institutions, they represented 20 per cent of all inmates. He said he suspects SA国际影视传媒渢he numbers have only gotten worse.SA国际影视传媒�  

Harte suggested that a longer sentence is not deterring crimes and that the offender should be released considering the SA国际影视传媒渆xceptional stepsSA国际影视传媒� he has taken to change his life. He told the court that his client recognizes his issue with alcohol and he had told Harte that SA国际影视传媒渆very time (he) drinks, something goes wrong.SA国际影视传媒�

The offender has had steady employment in the trades and was actively involved in helping Elders in the community. 

Crown Prosecutor Brenden Green proposed a sentence of three years for the offender, though he admits the man seems to show remorse. 

He said that a sentence of time served SA国际影视传媒渄oes not properly accountSA国际影视传媒� for the aggravating factors of the assault and for what was done to the victim.

Among the aggravating factors, Green listed the level of trust there was between the offender and victim as cousins, the fact that the woman herself is Indigenous and the location of a secluded cabin in the woods where she SA国际影视传媒渃ould not leave.SA国际影视传媒�

He described HarteSA国际影视传媒檚 submissions regarding Indigenous representation in the judicial system as a SA国际影视传媒渃ollateral attack on the whole sentencing regime.SA国际影视传媒�

Justice Andrew Mahar arrived at a sentence of two-and-a-half years for the offender, followed by two years of probation. The man has just under 14 months left when his credit of time served is applied. 

While Mahar admitted SA国际影视传媒渢he justice system is a clumsy instrument,SA国际影视传媒� he said HarteSA国际影视传媒檚 comments on the proportion of incarcerated Indigenous people are SA国际影视传媒渕ore appropriately addressed by the legislature than the courts.SA国际影视传媒�

He agreed that the statistics are SA国际影视传媒渟taggeringSA国际影视传媒� but said SA国际影视传媒淚 have no faith that what we do here will have a significant impact,SA国际影视传媒� and acknowledged that the victimSA国际影视传媒檚 trauma and the sense of safety in the community must be addressed. 

Mahar told the offender he was SA国际影视传媒渋mpressedSA国际影视传媒� by his steps toward rehabilitation. 

SA国际影视传媒淚 have never seen a more complete effort in an incarcerated inmate,SA国际影视传媒� he said. 

In a statement to the court, the offender said his time in custody allowed him to SA国际影视传媒渞eflect, look inward and work on (himself).SA国际影视传媒� He said his courses and counselling helped him to SA国际影视传媒渇ind ways to deal with anger.SA国际影视传媒�

SA国际影视传媒淚 am using this awful time in my life as a learning opportunity to better myself and add to the teachings of my Elders,SA国际影视传媒� he said. SA国际影视传媒淚 hope you see that I am doing my best to change my life.SA国际影视传媒�