Man convicted of sex assault on foster kids jailed till sentencing

A foster parent convicted of sexually assaulting two children placed in his care by the Ministry of Children and Family Development will remain in jail until sentencing.

On Tuesday, B.C. Supreme Court Justice Brian MacKenzie decided it was necessary to detain Kurk MacKay to maintain confidence in the administration of justice.

MacKay, a 42-year-old West Shore man, was convicted last week of two counts of invitation to sexual touching and sexually assaulting two children.

The offences took place from 2005 to 2009 and involved multiple incidents of sexual assault against a boy, for four years starting when he was five years old.

The second victim was a seven-year-old girl.

Crown prosecutor Ruth Picha was opposed to releasing MacKay on bail until his sentencing hearing.

She stressed the severity of the sexual assaults, vulnerability of the children and breach of trust between a foster parent and child.

The charges carry a mandatory minimum sentence of one year, up to a maximum of 14 years, said Picha, who suggested MacKay could face a term in federal prison.

Defence lawyer John Gustafson told the court that MacKay had been on bail since August 2014 with no breaches. MacKay has no prior criminal record and has the support of his parents and family, Gustafson said.

MacKenzie ordered a pre-sentence report with a psychiatric component be prepared as soon as possible.

One of the victims, present at the hearing, looked on as MacKay was handcuffed and led out of the courtroom. MacKay’s children also attended.

The offences came to light after the foster children, who are not siblings, were no longer with the MacKay family and had been placed in other foster homes. The two children separately disclosed what had happened to West Shore RCMP.

After allegations were made against MacKay, the ministry began an investigation and notified police.

The foster home was closed and children were removed.

According to the ministry, the victims have received counselling.

A date for MacKay’s sentencing is expected to be scheduled on March 22.