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Jennifer McPhee
Northern News Services
The 60-year-old-man violently raped his 86-year-old mother in her Rae-Edzo home on March 29.
The man entered his parents home while intoxicated, threw his elderly mother on the bed and sexually assaulted her, the court heard.
When she tried to fight back and tell him to stop, he covered her mouth and hit her in the head. Afterwards, he told her not to tell anyone and he would buy her a mickey of alcohol.
She fled to the seniors complex where staff called police.
The elderly woman was extremely upset, her nose was bleeding and blood was on her hands and face.
Police arrested the man the same day.
The man said he can't remember the incident but pleaded guilty and waived his right to a preliminary hearing,
His criminal record dates back to 1960 with 56 convictions -- 23 for violent crimes.
Twice before, he was convicted of physically assaulting his mother.
He was on probation when the March 29 sexual assault occurred.
Crown prosecutor Bern-adette Schmaltz compared the crime to an assault on a child because of the victim's vulnerability, dependence and trust.
"This monstrous crime has to be sanctioned in the sternest fashion," she said. "Just as innocent children need to be protected so do vulnerable children in our community."
Schmaltz asked for a sentence of six to eight years with credit for pleading guilty and sparing his mother the stress and trauma of testifying.
The maximum sentence for sexual assault is10 years.
"It's difficult to imagine a worse offence than a violent assault against an 86-year-old woman who is also your mother," said Schmaltz.
Defence lawyer Glen Boyd said the man was raised in an alcoholic family and was traumatized in residential school.
He began abusing alcohol at age 16.
Before his arrest, he lived on the street, with his parents, or wherever else he could find to stay.
When sober, he was helpful to his parents.
"My client is not a lost cause," said Boyd who asked for a four-to-six-year sentence.
"He is interested in rehabilitation and speaks at length about restorative justice."
When asked if he wished to comment, the man apologized.
"This would never have happened if I was sober," he said. "I really feel sorry for what happened."
Justice Virginia Schuler called the assault "horrific" and a "very clear breach of trust."
"It is in many ways appropriate to compare it to a sexual assault on a very young child," she said.
"The victim is extremely vulnerable and this is a relationship of trust.... She is entitled to assume she would not be in any danger from her 60-year-old son."
Considering his criminal history that spans 42 years, Schuler did not place much weight on rehabilitation.
"I'm not locking the door and throwing away the key but I don't see rehabilitation as a major consideration in this case," she said.
His difficult family life cannot justify his crimes, she added, and the sentence imposed must be a deterrent and protect the victim and other vulnerable members of the community.
"I have no reason to treat him differently than I would anyone else in the same circumstances, she said.
"We are all aware a particular respect is given to elders in the aboriginal community. This crime completely negates a respect for his mother and also for his mother as an elder."
