Ex-priest who sexually abused Yukon First Nation boys should get 10 years, Crown argues

WARNING: This article contains details of abuse and may affect those who have experienced sexual violence or know someone affected by it.

The sentencing hearing for an ex-Anglican priest who molested two Yukon First Nations boys in the '80s began Friday, with the Crown arguing the now-77-year-old deserves to spend an additional decade behind bars.

David Norton, who was charged in 2022, was found guilty last week of two counts each of historic sexual assault, sexual assault and sexual interference following a two-day trial that saw both victims testify.

Norton worked in the Yukon, including at the Old Log Church in Whitehorse, between 1983 and 1987. The victims testified he quickly became a guardian and role model-like figure in their lives, teaching them to read and taking them on outings and trips.

They also testified they slept in Norton's bed at the Old Log Church rectory and on occasion, woke up to him groping them or masturbating next to them.

Both victims, now in their 40s, also said that while Norton's actions continue to have an impact on their lives, they'd forgiven him and wished him no harm.

While Yukon Territorial Court Chief Judge Michael Cozens made findings of guilt on all six charges against Norton, he initially only convicted the ex-priest on the sexual interference charges due to a legal principle on overlapping criminal charges. With the agreement of the Crown and defence on Friday, he changed the convictions to the historic sexual assault charges as the crime of sexual interference didn't exist in Canadian law until 1985.

'This man was a wolf in sheep's clothing'

In sentencing submissions, Crown attorney Noel Sinclair argued Norton deserved a sentence of five to eight years for the first victim and eight to 10 years for the second, noting the victims' ages — the younger was only six when the abuse began — as well as the serial nature of the abuse and the number of incidents each victim remembered.

While that would add up to a total of 13 to 18 years, Sinclair, acknowledging a rule about sentencing an offender on multiple charges, said the Crown was asking for an actual sentence of around 10 years.

That sentence should be served consecutively to the 13 years Norton's currently serving in Ontario for abusing Indigenous boys there, Sinclair said, arguing that allowing the sentence to be concurrent would deprive the Yukon victims of justice.

Sinclair pointed to what he said were a large number of aggravating factors in the case, including the fact that Norton had committed the "very serious sexual abuse of two separate victims" who viewed him as a "father figure" and while  "clothed in the authority and respect of his sacred vestments."

"These crimes were a gross violation of Mr. Norton's trusted relationship with the [victims'] family and the … boys," he argued.

"This man was a wolf in sheep's clothing."

The rectory at the historic Log Church in downtown Whitehorse. (Paul Tukker/CBC)

Sinclair noted that Norton had abused the Ontario victims both before and after his time in the Yukon and said that while the abuse hadn't occurred in a residential school, it ran "right along beside it" in terms of the systemic issues at play.

Norton has a "very high degree of moral responsibility," Sinclair continued, and it was clear the abuse had affected each victim's "core identity."

At trial, one of the victims testified to how he had turned to "drinking and drugging" as a teen and adult and received two impaired driving charges before turning his life around. Both victims also spoke about how they have trust issues and are very protective of their own children.

While the victims had expressed forgiveness, Sinclair argued there was "something troubling about the extent of their good wishes for Mr. Norton" and that it showed the extent of the "psychological manipulation" and "grooming" Norton had subjected them to.

Defence lawyer Kevin Drolet objected and claimed Norton abusing his position of trust was different from grooming, triggering a lengthy back-and-forth about the intent behind Norton's treatment of the victims outside the abuse.

'Next to no mitigating features'

Sinclair argued there were "next to no mitigating features" in the case and cautioned against giving too much weight to the "good character" Norton may have shown the victims or other community members at the time.

He also cautioned against giving Norton too much credit for instructing his lawyer to not cross-examine either victim, noting that by pleading not guilty to all charges and taking the matter to trial, Norton had still compelled the victims to testify about painful events.

Sinclair conceded Norton was at a low risk of re-offending due to his age and numerous medical issues. However, while it was "unfortunate" for Norton that the consequences of his actions came about later in his life, Sinclair said he still needed to be held responsible.

"This man lived a good life across three decades while preying on children," Sinclair said.

"We need to send a stronger deterrent and denunciatory message … about these kinds of things."

The sentencing hearing was put on pause after Crown submissions due to scheduling issues. The defence will present its sentencing submissions at a later date.

Support is available for anyone who has been sexually assaulted. You can access crisis lines and local support services through this Government of Canada website or the Ending Violence Association of Canada database. If you're in immediate danger or fear for your safety or that of others around you, please call 911.