A 42-year-old man is set to be sentenced in Behchokǫ̀ after pleading guilty to possessing and distributing child sexual abuse and exploitation material.
RCMP said in January 2023 they had arrested Brian Lafferty following an investigation that began in September 2021. Officers were said by police to have carried out multiple searches of a Behchokǫ̀ home and seized electronic devices.
Police charged Lafferty with possessing, accessing and six counts of distributing child sexual abuse and exploitation material, also known as CSAEM.
Lafferty subsequently pleaded guilty to one count of possession and one of distribution.
According to an agreed statement of facts, Lafferty used a computer at a home in Behchokǫ̀ to run a BitTorrent filesharing program to access and download the material between September 17 and November 9, 2021, and again between November 3, 2022 and January 10, 2023.
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The material depicted graphic sexual abuse involving children aged four to 12.
‘No place is safe’
Multiple victims’ anonymized impact statements were filed.
They all described being re-victimized every time images or video of their abuse are shared, saying they have been given “a lifelong sentence” by the people who choose to download that material.
The victims said they have experienced long-term emotional, psychological and other impacts, including depression, anxiety, hypervigilance and fear.
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“Everyday life is often a burden. No place is safe, not even my own home,” one victim wrote.
Lafferty’s father, who lives with him, and several community members in Behchokǫ̀ – including members of the Catholic church – wrote letters of support in the case.
They described Lafferty as a “gentle, quiet” person and implored the court to allow him to stay in the community.
“Please do not take Brian away from us,” his father wrote.
A psychological assessment found that Lafferty meets the diagnosis of a moderate intellectual development disability and has significant cognitive impairment. He also meets the criteria for a fetal alcohol spectrum disorder but has not been formally diagnosed.
A specialized pre-sentencing report for Indigenous offenders states that Lafferty is a Tłı̨chǫ man whose family attended residential schools and “Indian hospitals.” His relatives were affected by alcohol abuse and violence.
The report says Lafferty experienced bullying at school, was vulnerable to abuse and has experienced significant loss in his life.
Lafferty has no prior criminal record.
NWT Territorial Court Judge Gary Magee is scheduled to make a decision on sentencing in Behchokǫ̀ on July 7.
