BATTLEFORD - The case for Joseph Sproull returned for sentencing submissions from the Crown and Defence at the Court of King's Bench in Battleford Wednesday.
At the time of the offences, he resided in Marshall where a home-based daycare used to also operate.
Sproull was previously found guilty on all eight charges - possessing and distributing child pornography, making child pornography x 2, as well as sexual assault x 2 and sexual interference x 2.
The two charges of sexual interference were stayed by the Crown for sentencing because a person can't be convicted of both sexual assault and sexual interference at the same time since the two offences are the same type of offence.
During court, Crown prosecutor Andrew Clements recommended a sentence of 18.5 years in totality for the charges given the gravity of the offences. Defence attorney Brian Pfefferle instead suggested a total of six years in custody would be appropriate as a global sentence.
Justice Grant Currie reserved his decision on the sentencing to Feb. 10.
In an emotional moment, victim impact statements from the two victims' families were read aloud during court.
The first mother spoke out saying that Sproull "took advantage of the innocence and trust of the children... You're a monster."
She said her son suffered from nightmares afterwards. And she said she has never been able to trust a daycare again, since this experience.
"You broke me; you broke us," she said.
A letter from another victim's family was read aloud during court.
The writer said knowing her son was the victim of such heinous acts plunged her into depression.
"I will never be able to trust a childcare [facility] again," she said.
"How dare you! You had no right to touch my child... It's not just reprehensible, but unforgivable."
A victim impact statement from a child's grandmother was also read in court.
"How could a human 小蓝视频 do this?" the grandmother wrote.
As an aggravating factor, Crown prosecutor Andrew Clements said that Sproull is without remorse and did not accept responsibility for his actions, and maintained his innocence in the trial in October of 2024. He said the only mitigating factor is that Sproull has no criminal record.
Clements said the Sproull's actions had an "aggravating impact on the victims and the community."
The size of Sproull's collection of child pornography was also aggravating.
Clements described the case as "truly horrific."
Defence attorney Brian Pfefferle said as mitigating factors, the accused was a volunteer in the community.
He said Sproull, who is now 44 years old, had in the past experienced depression.
Pfefferle said this will be Sproull's first jail sentence.
He added Sproull followed the conditions that were imposed on him when he was released on bail, after he was first charged with these offences in 2021.
Pfefferle noted that Sproull comes from a "pro-social" family that values the police.
He said since the charges, Sproull has been ostracized in the community of Marshall and had to move to Alberta.
Pfefferle went on to say "there is no sentence that will reverse the trauma to the victims."
Clements said after court there can be a wide range of sentencing for this type of case.
"There is a large range for this type of offence," said Clements. "The Defence thinks six years is more appropriate, but we think 18-and-a-half [years in custody] is more appropriate. Every offence, every offender is going to be different... I think for Mr. Sproull what he did is at the upper end of the spectrum. I'm hopeful we'll see a sentence closer to 18-and-a-half."
He said in the nine years he has been prosecuting these types of cases, this one is the worst that he has prosecuted.
"This offender not only created child sexual abuse material, but I think the daycare aspect is certainly something we haven't seen before. It makes it exceptionally aggravating in our opinion," Clements said. "He [Sproull] perpetrated abuse on very, very young children in a position of trust and authority at a daycare. I think that makes this case stand out compared to a lot of cases we've seen in the province previously, where there is more typical downloading and uploading of child pornography."
Pfefferle noted it is a very challenging case to see.
"These are really difficult cases that any time that child exploitation images are involved or anytime there is involvement of children in the offences, it is extremely difficult to be involved in. I think that the Crown today in their sentencing submission pointed to a fact that everybody agrees with, and that's that children are our most valuable resource as Canadians, and when there is an allegation that they've been exploited or offended against, that's a troubling case. So emotionally these are difficult cases.
"It's also difficult when you have an accused person who has been found guilty, nevertheless asserts their innocence and continues to assert their innocence, because I understand the bad taste it could leave in the mouth of people that particularly view him as clearly guilty, and view him as a person who has victimized their children. It's a difficult case for the people involved," Pfefferle added.
