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Hay River pedophile's sentencing in July

Katherine Hudson
Northern News Services
Published Monday, May 2, 2011

SOMBA K'E/YELLOWKNIFE - A convicted Hay River pedophile apologized and blamed his mental health for his actions during court proceedings in Yellowknife last week. John Murray Melanson is now awaiting a judge's decision that could label him a dangerous offender.

NNSL photo/graphic

Convicted pedophile John Murray Melanson of Hay River leaves the Yellowknife courthouse Wednesday after final submissions were made. Sentencing will be held on July 4. - Ian Vaydik/NNSL photo

"I want to apologize for my actions. I'm responsible for my actions ... I understand that this is the last chance," said Melanson as he stood in a Yellowknife courtroom Wednesday. "My medical designation is not something I asked for. The public's perception has made it very difficult to live, to say 'Hi, this is me.'"

The 48-year-old convicted pedophile pleaded guilty on Feb. 8, 2010 to sexually assaulting two boys under the age of 16, possession of child pornography and breaking his probation conditions. The offences took place in Hay River in 2006.

Melanson, in a final statement in the Supreme Court of the NWT, said he was confident that under the stability of a long-term offender designation, he would not re-offend. Long-term offenders can receive a regular sentence and up to 10 years of federal supervision in the community. A dangerous offender designation would impose an indeterminate jail sentence until the offender is no longer considered a risk to re-offend.

This is "the question," according to Justice Louise Charbonneau.

The Crown and defence made final submissions on Wednesday but the decision of whether to deem Melanson a dangerous offender has been held over until July 4.

Defence lawyer Thomas Boyd appealed to the court saying Melanson's history of offences demonstrates he is methodical, not impulsive, in his approach, which stems from social isolation.

He said Melanson did not use violent or aggressive behaviour, was in good health, with no mental illness or psychosis and a reasonably high intelligence level.

"Along side that, Mr. Melanson has a lot of characteristics that bode to his management," said Boyd, relating to the lack of a pattern in the offences.

He said Dr. Scott Woodside, a Toronto-based psychiatrist who appeared as a witness in February, didn't mention patterns "at all" in his assessment.

Charbonneau said it was up to the court to decide about a pattern and the risk factors associated with compulsive behaviour.

Crown prosecutor Shannon Smallwood gave her final arguments Wednesday, summarizing Melanson's criminal history back to 1983 including sexual offences and breaches of probation orders. She went through the forensic report by Woodside and the criteria for a dangerous offender and a long-term offender.

"His risk isn't manageable in the community so he shouldn't be declared a long-term offender," she told the court, arguing the case to label Melanson a dangerous offender.

Charbonneau said in his report, Woodside used the term "in perpetuity," meaning Melanson's condition is in place for his entire life. In his 60-page assessment, Woodside described Melanson as being a high risk to commit another sexual offence.

"Pedophilia can't be changed. It won't go away," said Charbonneau.

Boyd said a decision could hopefully be reached to balance the safety of the public while considering Melanson's condition.

"Nothing's perfect in terms of an outcome. Protect the public without crushing an individual which nature made a certain way," said Boyd.

Melanson, who lived in Hay River in 2006 and 2007, was arrested on Sept. 25, 2008, by two Hay River RCMP officers after being sentenced on unrelated matters in a Toronto courthouse, which didn't involve a jail sentence.

He is originally from Saint John, N.B., and currently has 56 convictions on his criminal record for offences across Canada, including eight sexual offences.

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