The NWT Court of Appeal has granted a former NWT teacher release from prison as he appeals his conviction for sexually abusing two of his students.
Neil Barry, 48, was convicted of two counts each of sexual assault and sexual interference in May following a three-week jury trial.
Shortly after he was sentenced to nine years in prison by the NWT Supreme Court earlier this month, Barry filed an appeal of his conviction.
He argues that the jury was not adequately instructed regarding how to consider evidence about the demeanour of complainants or the permissible use of third-party demeanour evidence. He also claims the judge’s instructions to the jury related to evaluating adults’ evidence about events that occurred before they turned 18 years old was incomplete and vague.
Barry applied to be released from prison pending the results of his appeal.
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In a decision on Friday, while Justice Jane Fagnan found that Barry’s grounds for appeal “do not appear to be strong,” she granted his interim release request.
According to Fagnan’s decision, Barry’s lawyer had proposed an “enhanced release plan” that includes provisions preventing his client from having contact with minors and from coming to the NWT except for court appearances. The plan also requires that a suitable surety, or someone who promises to supervise Barry while he is released from prison, pledge $30,000 to the court if Barry does not follow release conditions.
Barry’s lawyer noted that his client has no prior criminal record, is no longer employed in a position of trust in relation to minors, no longer lives in the NWT and complied with release conditions for nearly four years prior to being sentenced.
The Crown agreed that the defence’s proposed plan would address concerns with releasing Barry from prison.
“Despite the seriousness of the offences, given the applicant’s history or compliance with release conditions to date, I am satisfied public safety can be addressed through appropriate release conditions,” Fagnan stated.
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.
