A former Sudbury high school gym teacher has been sentenced to nine months in jail after being found guilty of sexually assaulting a 14-year-old female student six years ago.
Paul Bedard, 41, was convicted of two counts of sexual assault, two counts of sexual exploitation and one count of assault. The two counts of sexual exploitation arose out of the same facts relating to the sexual assault allegations and were stayed conditionally and will remain in force only until the two counts of sexual exploitation are finally disposed of on appeal.
Justice John Poupore of the Ontario Superior Court of Justice, who found Bedard guilty following a lengthy trial, said the Ontario Court of Appeal has made it clear that only in the rarest of cases should a jail sentence not be imposed against authority figures such as teachers who abuse their position of trust for sexual gratification.
“The offender committed a serious breach of trust when he sexually assaulted one of his students. This conduct must be denounced and others must be deterred by the sentence he receives,” said Poupore.
It’s expected Bedard won’t spend time behind bars pending an appeal. All the paperwork has been drawn up and because Bedard is a first offender and obeyed all conditions while on bail, assistant Crown attorney Marc Huneault said he expects Bedard to be granted further bail until his appeal is heard at the Ontario Court of Appeal.
If a three-member panel from the Court of Appeal denies an application, Bedard would have to begin serving his sentence immediately.
If an appeal is granted, a new trial would have to be heard.
After the judge sentenced Bedard, members of his family wept and hugged him.
Bedard was a teacher at St. Benedict’s Secondary School back in the fall of 2000, when the complainant alleged Bedard made repeated sexual advances toward her.
Poupore ruled that throughout the fall of 2000, Bedard gained the confidence and trust of the complainant, who was 14 at the time and having “difficulties with low self-esteem and body image.”
Additionally, her relationship with her father was strained. The judge said Bedard groomed the complainant over a period of time in order to gain her confidence.
Poupore found Bedard guilty of placing his hand under the girl’s skirt on her upper thigh for a sexual purpose three to five times. He also found him guilty of licking her hand, again for a sexual purpose, while the girl and other students were watching a movie in class.
Bedard was also found guilty of picking up the complainant around her waist and moving her across a floor while commenting, “What would you do if I kissed you”?
Bedard was cleared of all charges more than two years ago when another female complainant made allegations of a sexual relationship. Before charges were dismissed, Bedard agreed to resign as a teacher.
Poupore said he considered the fact Bedard was a first-time offender and a respected and dedicated teacher in imposing sentence.
Bedard spent 14 years with the Sudbury District Catholic School Board teaching at different levels.
He was also an active participant in extracurricular activities and “by all accounts, he was an energetic, engaged and successful teacher, well liked by his fellow staff and students,” said Poupore.
Numerous letters from family and friends attest to Bedard’s good character and teaching ability “and there is no question that the offender worked hard as an educator,” he said.
Bedard also comes from a close-knit, loving family who have provided great support throughout these proceedings and the court recognizes the great impact of this case on the accused and his family, said Poupore.
The fact Bedard lost his job and teaching profession and obeyed all conditions of bail over several months were also considered, he said.
Next to parents, teachers accept the highest responsibility for children’s well-being and development within society and when teachers fail to carry out this responsibility, it is a serious breach of trust the community has given to them, he said.
“When a teacher sexually abuses one of his students, it can only be considered as a serious breach of trust,” he said.
The nature of the sexual activity in this case was not the most serious he’s heard, however, the way Bedard groomed his victim over a long period is a serious aggravating factor, he said.
“The victim impact statement clearly demonstrates it is not only in the most serious of cases where the complainant is deeply affected psychologically by the offender’s actions.
“Like the offender, the victim’s life has suffered a severe impact,” said the veteran judge.
Imposing a conditional sentence to be served in the community would not be appropriate in all the circumstances of this case, said Poupore.
“The impact on anyone who is sexually assaulted is great. The impact on a vulnerable child is compounded...the difficulties they have in trust relationships with friends and life companions affect them for the rest of their lives,” he said.
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