Former NWT teacher sentenced for sexual abuse of students

A former teacher in the NWT has been sentenced to nine years in prison for sexually abusing two of his students more than 15 years ago.

Neil Barry, 48, was convicted of two counts each of sexual assault and sexual interference in May following a three-week trial.

The jury found that Barry – who was a high school teacher, basketball coach, counsellor and mentor in Tulita – had sexually abused two of his underaged students in the community and during trips to Yellowknife in 2009.

Barry had been charged with three counts of sexual assault and three counts of sexual interference against four of his former students between 2007 and 2012. The Crown dropped one charge of sexual interference during trial while the jury acquitted Barry of one count of sexual assault.

Barry had denied all allegations of sexual abuse and maintained his innocence following trial.

Barry taught in Tulita and Fort Simpson between 2007 and 2017. He also worked as a teacher in Meander River, Alberta, and Coral Harbour, Nunavut, and was a principal in High Prairie, Alberta, prior to his arrest in June 2021.

‘Deep and lasting wounds’

In NWT Supreme Court on Wednesday afternoon, Justice David Gates sentenced Barry to five-and-a-half years’ imprisonment plus three-and-a-half years’ imprisonment for the sexual assault charges. Gates said Barry is to serve those sentences at the same time as five-and-a-half and three-and-a-half year sentences for the sexual interference charges.

Barry has 14 days credit for time served in pre-sentencing custody.

During a sentencing hearing last week, Barry’s lawyer proposed that he be sentenced to between four to five years’ imprisonment for the charges while the Crown prosecutor had advocated for an 11-year sentence. Gates described the sentencing proposals as “ocean’s apart” and said he had concerns with both numbers.

In sentencing Barry on Wednesday, the judge said he took into consideration that Barry had abused a position of authority and trust, and took advantage of boys when they were vulnerable and sleeping. He said Barry’s behaviour indicated grooming, deliberate planning, manipulation and deceit.

Gates also referenced the immediate and long-term impacts of sexual abuse on the victims, their families and communities. He said victim impact statements filed with the court indicated “deep and lasting wounds to identity, relationships and life opportunities.”

“It takes a great deal of courage to share such intimate details of your life with strangers,” he said, thanking the victims and their family members for filing those statements.

Gates added the facts of this case “tragically echo” the abuse of children by white authorities at residential schools. He said Barry’s crimes have further undermined the confidence of community members in non-Indigenous authority figures.

Gates said he also considered Barry’s lack of a criminal record and eight letters of support written by Barry’s family members, a long-time friend, and former colleagues and students. Gates said, however, that those character references carried little weight in his decision.

The judge noted there was no evidence regarding Barry’s risk of reoffending as he had declined to be psychologically evaluated or participate in a pre-sentencing report. The judge said given the significant importance of protecting the public in sentencing, he was compelled to conclude that Barry remains at some risk of reoffending.

Judge recommends Barry be sent to New Brunswick

Ahead of sentencing, when asked if he had anything to say to the court, Barry initially declined. He then asked the judge to consider that he had been living on bail conditions for nearly four years with no issues and that the incidents he was convicted of happened more than a decade ago.

Gates recommended that Barry serve his sentence at the Dorchester Penitentiary in New Brunswick, as it is located near Prince Edward Island, where Barry’s family lives. There are no federal prisons located directly in PEI.

After delivering the sentence, Gates advised Barry to use his time in prison to reflect on his behaviour and take steps to address that behaviour.

“I wish you well Mr Barry,” he said.

Once Barry is released from prison, he will be prohibited from possessing firearms for 10 years and be on the sex offender registry for 20 years.