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James sentence in line with new laws

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OTTAWA

Some politicians are sharing the public's anger and surprise at the two-year sentence handed to sexual predator Graham James.

But contrary to the tough-on-crime titles of newly passed federal laws, the mandatory minimum sentence for pervs who sexually assault children is just one year.

"I was surprised. I thought it was rather low considering that the Crown was seeking six years and considering the harm that was done to the victims," Jack Harris, MP from Newfoundland and NDP justice critic, said of the sentence given to James by Judge Catherine Carlson.

Harris is a former lawyer, and represented victims of systemic sexual assault that occurred at the notorious Mount Cashel Orphanage in St. John's.

"There is such a disparity between what the Crown was seeking and what the judge gave, I would expect there would be an appeal in this case," he said.

James, a former hockey coach, was convicted on two counts of sexual assault against a minor. Former NHL superstar Theoren Fleury and his cousin Todd Holt were repeatedly sexually assaulted by James when they were teenagers.

"If you are outraged by this verdict -- and I see that you are -- never let this conversation die; keep elevating it until change is made," Fleury wrote to his followers on Twitter.

The governing Conservatives point to mandatory minimum sentences for sex offences in their recently passed omnibus crime bill. The minimums don't technically apply to this case, since it began before the changes became law, but it might not have made a difference: the new mandatory minimum sentence for sexual assault against a child is now one year.

"Because of our efforts, the rights of victims of such horrific crimes now come first," said Julie De Mambro, spokeswoman for Justice Minister Rob Nicholson, in a statement. "Predators who commit sexual offences against children are now guaranteed to serve jail time, which goes up to a five-year minimum jail time when committed with a firearm."

Nicholson is also the attorney general and cannot comment on specific cases.

James, 59, was previously sentenced to three and a half years in prison in connection with his abuse of three junior hockey players, including Sheldon Kennedy. James served 18 months before completing his parole in 2000.

 

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