Jennifer McPhee
Northern News Services

Iqaluit (June 03/02) - It look three Nunavut Court of Appeal judges less than half an hour last month to dismiss convicted sex offender Edward Horne's appeal of his sentence.

At his trial in September of 2000, the former Nunavut teacher pleaded guilty to 20 of 72 sex-related charges.

Justice Virginia Schuler sentenced him to serve five years in prison.

The charges covered a nine-year period during the 1970s and 1980s when Horne worked as a teacher in several Nunavut schools, including Sanikiluaq, Cape Dorset and Iqaluit. The crimes took place in schools, in Horne's home and on the land.

This was his second conviction. He also spent six years in a federal penitentiary between 1987 and 1993 for other sex offences.

At the appeal hearing, defence lawyer James Brydon argued the five-year sentence is excessive and disproportionate to the harm suffered by victims.

He also said the sentencing judge did not consider Horne's previous prison time. He said if Horne was charged with all the sex crimes at once, his sentence would have been lighter.

But Brydon conceded Horne did not volunteer information about the second series of sexual assaults when the opportunity arose during his first trial. Brydon also argued the trial judge erred by not considering the severity of Horne's time in custody while awaiting trial.

Horne spent 17 months in pre-custody. That usually counts as 34 months of custody time, but Brydon wanted the time to count as 51 months.

Before his trial, Horne was moved to Yellowknife and kept in isolation for his own safety. Brydon said the isolation left him suicidal and prone to hallucinations.

"Custody is not always custody," said Brydon.

"He ought to have received far greater credit."

After Brydon finished, the three appeal judges took a short recess to make a decision,

When they returned, Justice Neal Wittmann told Crown lawyer Christine Gagnon she did not need to make a submission.

Wittmann said the trial judge made no errors. "The sentencing judge considered all of the applicable principles. We therefore dismiss the appeal."

Gagnon said she is satisfied with the decision.