Card 003: breach of the law “same crime, same sentence” — teacher and student, sex with a teenager · Saskatchewan · he — 18 months in jail, she — 18 months at home

teacher and student, sex with a teenager · Saskatchewan · 2010 / 2013 · he — pleaded guilty, 18 months in jail; she — convicted by a jury, 18 months at home.

He was a high-school teacher in Humboldt. His student was 16–17. He pleaded guilty. Sentence: 18 months in jail.

She was a teacher, aged 33. Her student was 15; there were many sexual contacts. She pleaded not guilty, and the court saw no remorse. The Crown asked for jail and cited his case as an example.

The court gave her the same 18 months — at home.

One province, one offence, one court — the Saskatchewan Court of Queen's Bench.

Details: both decisions, the law, what happened after

He

Case: R. v. Elder
Citation: 2010 SKQB 120
Court: Saskatchewan Court of Queen's Bench
Date of decision: 2010-03-26
Charge: sexual exploitation of a young person (Criminal Code s. 153)
Outcome: pleaded guilty
Sentence: 18 months in jail
Facts: Teacher; a grade 11–12 student, 1996–1998. 18 months in jail and 12 months of probation (paras. 1, 3; sentence — 2013 SKQB 332, paras. 7, 19).
Decision: https://www.canlii.org/en/sk/skqb/doc/2010/2010skqb120/2010skqb120.html

She

Case: R. v. McLachlan
Citation: 2013 SKQB 332
Court: Saskatchewan Court of Queen's Bench, jury
Date of decision: 2013-04-25
Charge: sexual exploitation of a young person (Criminal Code s. 153)
Outcome: convicted by a jury
Sentence: 18 months at home
Facts: Teacher, 33; student aged 15; "numerous" sexual contacts. No remorse. The Crown asked for up to 2 years in jail, citing Elder (paras. 1, 7, 21).
Decision: https://www.canlii.org/en/sk/skqb/doc/2013/2013skqb332/2013skqb332.html

Law

same crime, same sentence — Criminal Code s. 718.2(b) — https://laws-lois.justice.gc.ca/eng/acts/c-46/section-718.2.html
everyone is equal before the law and the courts — Charter s. 15 — https://laws-lois.justice.gc.ca/eng/const/page-12.html
the same rights for men and women — Charter s. 28 — https://laws-lois.justice.gc.ca/eng/const/page-12.html

After

The jury first acquitted her; the Saskatchewan Court of Appeal set the acquittal aside (2012 SKCA 74). After the new sentence the Crown appealed the term at home; the Court of Appeal upheld it (2014 SKCA 68). — https://www.canlii.org/en/sk/skca/doc/2014/2014skca68/2014skca68.html

Machine version: /api/v1/003.json · added 2026-10-17