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Man sentenced for sexual assault of eight-year-old in Behchokǫ̀

Yellowknife's courthouse
Yellowknife's courthouse. Ollie Williams/Cabin Radio

A man who sexually assaulted an eight-year-old girl in Behchokǫ̀ should be allowed to serve his sentence of nearly four years in the NWT, a judge says.

A sentence of two years or longer would normally be served in a federal prison outside the territory.

Richard Bishop, 57, was sentenced to three years and nine months’ imprisonment in February for the assault, which took place in April 2021.

NWT Supreme Court Justice Louise Charbonneau released her written reasons for that sentence on Thursday, including the recommendation that Bishop be allowed to serve the remaining three years and six-and-a-half months in a territorial jail.

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Charbonneau said being imprisoned in southern Canada would be “especially difficult” for Bishop, who is Tłı̨chǫ, as he is unable to read and has a limited understanding of English. Bishop also has mobility issues, severe hearing impairment and heart problems, the court heard.

Serving his sentence in a northern jail, Charbonneau said, would allow Bishop to have continued contact with his family and culture, and give him a better chance at interacting with other Tłı̨chǫ speakers.

Charles Davison, Bishop’s lawyer, had argued that Bishop should be sentenced to two years less a day in prison to ensure he could stay in the NWT.

Davison said that while some past offenders had been allowed to serve longer sentences in the territory, that has not been the case recently.

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Prosecutor Simon Hodge said Bishop should be sentenced to four years for a serious sexual assault against a child.

Charbonneau agreed with the Crown. She said a sentence of less than two years would “overemphasize Mr Bishop’s rehabilitation and personal circumstances, at the expense of the need for the sentence to adequately reflect society’s denunciation of the sexual abuse of children and the magnitude of this problem.”

Charbonneau said she had no evidence in front of her regarding whether offenders could still serve longer sentences in the North.

The judge said she had no power to determine where Bishop serves his sentence, but issued a “strong recommendation” that he be imprisoned in the NWT.

Bishop had pleaded guilty to the sexual assault charge.

According to Charbonneau’s written decision, Bishop had given the girl a ride to the sportsplex in Behchokǫ̀ after seeing her riding her bike in the community.

When she later got in his truck to get a ride home, he instead drove to Edzo and parked by a playground, where the sexual assault took place.

Bishop then dropped the girl near her home, where her mother found her crying and scared. The mother called the police after her daughter told her what had happened.

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Forensic analysis of the girl’s clothing found Bishop’s DNA on her underwear.

Charbonneau said Bishop’s decision to drive to Edzo suggested an element of planning.

In a victim impact statement filed with the court, the mother said her daughter struggles to understand what happened to her and now has a distrust of others. The mother said she worries her children are not safe and no longer trusts anyone herself.

“Unfortunately, it is likely that the consequences of what Mr Bishop did will have an impact on [the girl] for many years. She will need help to come to terms with what happened to her and I hope that help is made available to her,” Charbonneau said.

“It is difficult to imagine what it will take for this mother to once again feel trust towards her neighbours and fellow community members after what happened.”

Bishop told the author of a pre-sentencing report that he does not know why he committed the sexual assault and that he just “went crazy.”

According to that report, both of Bishop’s parents attended residential school. The report described his household growing up as a happy and healthy one where Tłı̨chǫ traditions and culture were fostered.

Bishop said he was sexually abused by a schoolteacher when he was in Grade 6 or 7. While he did not tell anyone at the time, he said he later told Behchokǫ̀’s chief and was considering taking legal action.

Charbonneau said she hoped Bishop would seek counselling.