R v Friesen

Friesen restated sentencing principles for child sexual offences. The harm to victims is profound and lasting; sentencing must reflect this contemporary understanding. Pre-existing precedent that minimised harm has been displaced.

Friesen sexually assaulted a four-year-old. The trial judge imposed six years; the Court of Appeal reduced to 4.5. The Crown appealed.

What sentencing principles apply to child sexual offences?

Six-year sentence restored. Framework articulated.

Sentencing for sexual offences against children must reflect (a) the inherent wrongfulness of these crimes, (b) the profound and lasting harm, (c) the principles of denunciation and deterrence, and (d) parity with comparable cases. Mid-single-digit to double-digit penitentiary sentences are appropriate for many serious child sexual offences.

Wagner CJ and Rowe J reviewed the harm literature and the legislative trajectory increasing penalties for child sexual offences. Sentencing precedent that pre-dated this contemporary understanding should not be uncritically followed.

Substantially elevated sentencing in this category. Cited in every appellate decision on child sexual offence sentencing. Compatible with Sharpe on offence definition; goes beyond Sharpe on sentence severity.

R v Friesen, 2020 SCC 9, [2020] 1 SCR 424.

Wagner CJ, Abella J, Moldaver J, Karakatsanis J, Côté J, Brown J, Rowe J, Martin J, Kasirer J