A 43-year-old man in Behchokǫ̀ has been sentenced to 18 months in jail for possessing and distributing child sexual abuse and exploitation material, or CSAEM.
Territorial Court Judge Gary Magee sentenced Brian Lafferty in the community last week.
Lafferty had pleaded guilty to the two charges earlier this year. The Crown withdrew three additional charges of distributing CSAEM and one of accessing CSAEM.
Once released from jail, Lafferty will be on probation for two years. He will be prohibited from attending a daycare, school ground or playground; working or volunteering in a position of trust with a person under 16; and having any contact with a person under the age of 16 unless under the supervision of a person aged 19 years or older who is aware of his convictions.
Lafferty will be on a national sex offender registry for 20 years.
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According to an agreed statement of facts, Yellowknife RCMP’s internet and child exploitation unit began investigating after police software detected a device accessing CSAEM in September 2021. Lafferty was the subscriber associated with the device’s IP address.
Officers obtained a search warrant and seized several electronic devices from Lafferty’s bedroom in April 2022. Police analysis found 10,249 unique CSAEM images and 607 videos on 12 seized devices. The agreed facts state most of the images and videos depicted girls between the ages of four and 12.
RCMP investigative software again detected a device with an IP address belonging to Lafferty downloading CSAEM in November 2022.
Officers searched Lafferty’s home a second time in January 2023 and seized eight electronic devices from his bedroom. Analysis found 5,079 unique CSAEM images and 211 videos on the devices.
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Multiple victims filed anonymized impact statements in Lafferty’s case.
They all described being re-victimized every time images or videos 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.
Lafferty’s father and several community members in Behchokǫ̀ wrote letters of support in the case. They described Lafferty as a “gentle, quiet” person.
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.” It states that his relatives were also affected by alcohol abuse and violence.
Lafferty has no prior criminal record.
