Man who molested girl, 5, off to jail

Kelowna man sentenced to 14-month term

A Kelowna man who pleaded guilty to sexually interfering with a five-year-old girl has been sentenced to 14 months in jail and will be on the national sex offender registry for 10 years.

Alexandre Boily, who is in his 40s, was charged with sexual interference of a child under 16 and an invitation to sexual touching of a child under 16.

The offences occurred between August 2016 and May 2017.

Boily is considered overall to be a low risk to reoffend.

However, Judge Monica McParland said she found it aggravating that he initially had a lack of insight into the impact on the victim, whose identity is protected by a publication ban.

“He seemed to only have insight into the impact on him and his discomfort and distress,” McParland said in court Thursday. “That belief is further supported by the victim blaming, at least initially, in terms of deflecting and indicating that the child was the one who was asking for it.”

That attitude appears to have changed, she said.

“He seems to have gained some insight into the profound and lifelong impact that these offences will have on (the victim).”

Crown counsel and defence presented a joint submission for a 14month jail sentence followed by three years’ probation.

The mandatory minimum sentence is 90 days in custody and the maximum is two years less a day in jail.

“The Crown and the defence . . . both referred to the fact that the rationale behind the joint submission was largely as a result of the very tender young age of the victim,” McParland said, acknowledging the difficulty a young child might have in communicating her evidence in court.

“The guilty plea and the joint submission has avoided the need for a trial,” she said.

McParland accepted the joint submission, sentencing Boily to 14 months in jail, followed by three months’ probation.

She said she likely would have imposed a lengthier sentence, but that the joint submission was not so far off to make it appropriate to reject.

“We are told . . . by the Supreme Court of Canada that we are not to interfere with joint submissions unless they are significantly and unduly lenient or in some cases unduly harsh,” said McParland. “Joint submissions, the Supreme Court of Canada tells me, must be followed, unless a proposed sentence would bring the administration of justice into disrepute or would otherwise be contrary to public interest.”

As part of his probation, Boily is to have no communication with the victim and others specified in court; he must not go to any known residence, school or workplace of any of those people; he must not have communication with or be in the presence of anyone under the age of 16; he must not date or enter into a relationship with someone who has the care or access to children under the age of 16 until his probation officer has informed them of his criminal record; he must not take a job or volunteer position working with children; he must complete a counselling program as directed; and he must not possess or consume alcohol or drugs.

He is also prohibited from going to any public park, swimming area, community centre or playground where children could be expected to be for 10 years, and he will be on the national sex offender registry for 10 years.

The charge of invitation to sexual touching of a child under 16 was stayed by the Crown following sentencing.

The guilty plea and the joint submission has avoided the need for a trial.

Judge Monica McParland