• 17

    March 2021

    Nine-year sentence for intractable pedophile on porn charges

    In handing down a total nine-year sentence for child pornography and breach offences, a Queen’s Bench judge observed there’s unfortunately little chance of change for Gabriel Michael Fisher.

    “Mr. Fisher has a significant criminal record,” Justice Meghan McCreary said in giving her decision on sentence on Monday. “The last 19 years of his life have been characterized by repeat offending in relation to child pornography … Mr. Fisher is a diagnosed pedophile and the diagnosis is that his condition is not changeable."

    McCreary observed that Fisher has five previous convictions related to child pornography, one for the sexual assault of a child and five for failing to comply with court orders related to associating with children or accessing technology or telecommunication devices.

    Fisher — on a matter for which McCreary found him guilty at the end of June. On Monday, Fisher also pleaded guilty to two outstanding charges, both breaches of his long-term supervision order (LTSO) which was imposed during a previous sentencing back in early 2018. That sentence made him the first person in Saskatchewan to receive an LTO designation for child porn offences.

    Initially, Crown and defence counsel had been set to argue sentence on the newest matters, but instead settled on a jointly recommended term of 7½ years for offences that include accessing, possessing and making child pornography as well as a breach, and an additional 18 months for the two LTSO breaches. McCreary opted to impose the sentence as requested.

    Following remand credit, Fisher was left with a little less than 6½ years to serve. McCreary pointed out the LTSO will be suspended for the remainder of the current sentence and will begin again once Fisher is released.

    The charges before the court were laid after Fisher was caught using a telephone chatline system while a resident at Oskana Centre, a Regina halfway house.

    Court previously heard Fisher, between late November 2017 and early January 2018, made an unusual number of calls to one particular number.

    McCreary noted Fisher co-operated with the resulting investigation, turning over a password and allowing corrections officials and police to access the system’s recorded messages.

    Investigators found Fisher both left messages for others and accessed some from three other users. The messages were found to contain graphic descriptions of sexual activity between adults and children.

    Most disturbingly, one exchange involved Fisher asking to be introduced to a specific child and for the child to be told about him. Sexual activity between an adult and that child was also described, court heard.

    Through his lawyer, Fisher had launched a legal challenge, arguing his use of the chatline fell under a legal exemption pertaining to personal use. But McCreary found this was not the case and that freedom of expression is justifiably infringed in cases of criminal conduct such as this.

    “Any sharing creates a risk of harm to children at a level which Canadian society does not tolerate,” McCreary said in June.

    McCreary found the messages didn’t fall under private use exemptions even though they were password protected and not accessible to anyone outside the small number of people between whom they were shared. She said the messages were not solely for Fisher’s personal use, as is required under the existing exemptions, nor was the sexual activity described legal.

    She also disagreed with Fisher’s interpretation that the sexual descriptions, as “imaginary” scenarios, meant the sexual activity mentioned was not unlawful. McCreary found the word “person” within the legal definition of child pornography includes “works of the imagination as well as depictions of actual people,” and that even “imaginary” harm to children feeds and incites offenders.

    Fisher’s sentence also includes a lifetime inclusion on the national sex offender registry and the continuance of a lifetime order prohibiting him from being around children or places frequented by children and from using the internet or other digital network without supervision.

     

    Published on: March 9, 2021

    Retrieved from: https://leaderpost.com/news/crime/nine-year-sentence-for-intractable-pedophile-on-porn-charges

    • Posted By: Heather Polischuk - Leader Post
    • |
    • Comments: 0
< Back

Leave A Comment:


Category

Archive

By Year: