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Sahtu leader jailed for sex assault
Judge says community needs to condemn Walter Bayha's actions

Daniel Campbell
Northern News Services
Published Monday, September 9, 2013

DELINE/FORT FRANKLIN
An aboriginal leader from Deline was sentenced to eight months in jail Sept. 6 for sexual assault.

Walter Bayha, 60, pleaded guilty after his trial by judge to sexually assaulting a 24-year-old woman in Deline on Oct. 28, 2012.

According to an agreed statement of facts, Bayha was drinking with the victim and three to four other young women at his residence. The victim, who was intoxicated, passed out or fell asleep. Bayha began touching the victim underneath her clothes.

Crown prosecutor Mark Feldthusen said it was an aggravating cause that Bayha made skin-to-skin contact with the victim while she was asleep and defenceless.

The victim, who was present in the courtroom when the facts were read on Aug. 5, gasped and sobbed while the details of the assault were read.

The woman provided the court with a victim impact statement which she wished to be read aloud that day.

"I'm living with the talk of the town," she wrote.

"I'm glad this is before the courts so I can move on with my life."

Dressed in a well-pressed black blazer, wide-rimmed black glasses and brightly coloured moccasins, Bayha sat facing the judge as the letter was read. Feldthusen argued Bayha should face a one-year jail sentence for the assault.

Defence lawyer Balji Ratten argued Bayha should serve a conditional sentence in the community because he had been a victim of abuse as well. She said Bayha has struggled with his memories in the past and has dealt with them using alcohol.

"I've been a victim of sexual assault and I know it is a painful experience," Bayha said to territorial court judge Bernadette Schmaltz.

"Alcohol got the better of him that day," Ratten explained.

Bayha has three prior criminal convictions, all for impaired driving.

A father, grandfather and married man, Bayha has been a contributing member of his community for decades. He's a member of the Sahtu Land and Water Board, the Mackenzie Land and Water Board and former chair of the Sahtu Renewable Resource Board. Bayha wrote a letter of resignation to the board after being charged with the sexual assault.

Bayha spoke at length before his sentencing on Aug. 5. He explained how he suffered abuse in residential schools during his childhood.

"I'm not like the rest of Canadians," Bayha said.

Schmaltz argued while Bayha had some hardship during his time in residential school, his upbringing was considerably better than many aboriginal offenders.

"All and all it appears Mr. Bayha is a person of exceptional character," she said.

Ratten said Bayha had received supportive letters from board members after he was charged with the sexual assault.

When Bayha proceeded to thank all the members of the Sahtu Renewable Resource Board for writing the letters, Schmaltz cut him off, telling him he needs to focus.

"I don't think we need thank yous Mr. Bayha," Schmaltz interrupted. "I need to know what you think of the sentence I'm going to impose."

As a community leader and role model, Schmaltz said Bayha let the chartered community of Deline down with his "reprehensible" behaviour.

"I can't help but wonder what he was thinking when he did this."

Schmaltz said the people of Deline need to realize the victim did nothing wrong in the incident.

"I truly hope the community does not hold her responsible," she said.

Although the defence argued strongly for Bayha to avoid time in jail, Schmaltz said incarceration was necessary to send a message to the community.

Bayha will spend two years on probation after his time in jail. He will also be registered as a sexual offender on the National Sex Offender Registry for 10 years following his release.

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