Yellowknife (Oct 27/04) - A prominent Yellowknife lawyer will not go to jail for fondling two young girls nearly three decades ago, a judge ruled last week.

Charles McGee, 53, was given a two-year conditional sentence during an emotional four-hour hearing in NWT Supreme Court, Friday. The decision comes roughly a month after he was convicted of two counts of indecent assault dating back to 1973.

The sentence came one day after McGee was charged with indecent assault against a new complainant. The charge dates back to some time between February 1981 and May 1982. McGee made a brief appearance in court Thursday evening on that charge and was released.

He will be back in court to face the new charge Nov. 30.

In sentencing, Justice Cameron Brooker -- an Alberta judge who presided over the case -- ordered McGee to spend the first year of the sentence under house arrest, followed by six months of strict curfew and another six months of obeying conditions imposed by a court order.

Outside of the courtroom, one of McGee's victims -- whose identity is protected by a publication ban -- said she was not happy with the sentence.

"My initial reaction, I was disappointed, heartbroken," she said. "It doesn't seem like he's being punished at all."

Justice Cameron said he did not believe McGee was a danger to the community, which was an important factor in his decision to hand down the conditional sentence. He could not consider Thursday's charge and other unproven allegations of sexual assault.

"Mr. McGee is a person of previous good character," he said. "He has been a well-regarded, respected, esteemed, contributing member of the community."

Brooker ordered McGee to perform 240 hours of community service, the maximum allowable by law. The judge denied a request from Crown attorney Dennis Claxton to bar McGee from performing the community service in the presence of children under 14.

This marks the second time McGee has been tried for a sex crime against a minor. In 2002, he was acquitted of fondling a nine-year-old girl.

Claxton asked for a prison term in the range of two to three years.

"He was in a de facto position of trust. The sexual assault of a child is abhorrent to Canadian society," he said, quoting a ruling from the Supreme Court of Canada.

One of the victims said the Crown is considering whether there are any avenues of appeal.

McGee, married for 31 years and a father of three, has worked as a lawyer in Yellowknife since 1995.

Despite what his lawyer described as a distinguished legal career, McGee lost his job with a prominent Yellowknife law firm in January 2004 as a result of the charge. Since that time, he has been working out of his home.

The NWT Law Society will now investigate the situation and decide whether to hold a public hearing into the status of his license, said president Sarah Kay.