Appeal court orders prison time for ex-paralympian

A blind man convicted of sexual assault will have to go to jail after all, the province’s top court has ruled.

In a 2-1 split decision released Tuesday, the Alberta Court of Appeal said the trial judge erred in concluding Keith Myette should not be incarcerated, instead giving him a suspended sentence with house arrest.

Myette, who lost his vision in a car accident when he was 16, competed for Canada in the 1984 and 1992 Paralympics. He was convicted after trial of sexual assault on Feb. 5, 2011.

Appeal justices Connie Hunt and Jack Watson acknowledged that prison would disproportionately affect Myette, but they said it wasn’t reason enough to forego a sentence that other offenders would receive.

They imposed a 90-day jail term to be served on week- ends and a 12-month probation period.

“In this case, the sexual assault was serious and the respondent’s degree of responsibility was high. The aggravating circumstances were significant. When the complainant attempted to resist the respondent’s advances, he reacted by pushing her into a dresser. The respondent had a previous record, albeit unrelated to these offences. Taken together, the circumstances warrant a custodial sentence,” stated the judgment.

The court’s majority said Provincial Court Judge Heather Lamoureux made several errors in reaching her decision as she concluded jail “would contravene not only the United Nations Convention but also the provisions of (a section) of the Criminal Code.

“She made errors in reaching the conclusion that the correctional system could not accommodate the respondent’s needs arising from his disability. There was virtually no evidence from the respondent about how he functioned outside prison and what of his needs, if any, would be unmet were he incarcerated,” said the court.

The appellate court said a fit sentence would have been 18 months in prison for the sexual assault, but because Myette undoubtedly faced greater challenges than other inmates because of his disability, they would have lowered the sentence. They gave him credit for seven months already spent under house arrest and imposed the intermittent jail term.

In addition to serving his sentence on weekends, Myette must attend counselling related to sexual offences, grief, alcohol and drug use.

Myette also must return to school or vocational training so he can be gainfully employed, the court ordered.