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Ex-fast-food manager gets two years in jail

SYDNEY — A workplace predator who admitted to repeatedly groping the breasts and buttocks of five teenage female coworkers at a fastfood outlet was sentenced Friday to serve a two-year jail sentence.

David Leonard Macdonald, 25, of Lorne Street is also to complete a three-year probation period, he is to be a registered sex offender for life and was ordered to supply a DNA sample to the national registry.

In rejecting a joint Crown/ defence sentencing recommendation of a one-year jail term and a two-year probation period, provincial court Judge Dan Macrury said no young woman should suffer incidents of sexual abuse while at work.

Further, said Macrury, no parent should worry their child will be sexually assaulted while at work.

The offences occurred between January 2018 and May 2019 while Macdonald and the victims were employed at a Sydney outlet of the international fast-food chain, Wendy's. Macdonald was a shift supervisor and the victims were between the ages of 15 to 18.

The court was told Macdonald would ask his victims for a hug but would pull the girls in tight towards him and his hands would slide over their breasts and buttocks.

The incidents occurred in areas of the facility where there was no access to inhouse surveillance cameras such as the freezer area and the staff break room. The touching was reported to be over the clothing of the victims.

In their police statements, the victims reported that no words were exchanged during the contact after which Macdonald would

simply walk away.

In offering comment on the decision outside the courtroom, prosecutor Peter Harrison said the sentence now establishes a high standard for first-time offenders.

As Macrury noted in his decision, sentencing was adjourned three times to allow Crown and defence additional time to prepare a new sentencing recommendation after the judge expressed concern that the initial proposal was inadequate.

Macrury referenced a Supreme Court of Canada decision in 2020, which upheld a six-year sentence for an individual convicted of sexually assaulting a child.

The Friesen decision, a unanimous decision from the court, offers judges across the country an outline when it comes to sentencing in cases of sexual assault involving children.

The court said that such sentencings need to reflect that sexual violence against children is of national concern.

In addition to the harm caused to the victims, the court said there is also harm done to parents, family members, and the community and that such factors must be considered when it comes to sentencing.

In the Friesen decision, the nation's high court suggested judges should increase sentences for sexual crimes perpetrated against children and that a sentence of 10 years or longer should not be considered unusually high.

All of the victims reported being scared to tell anyone what was happening and none gave Macdonald permission to touch them in such a manner.

Outside the court Friday, Harrison encouraged anyone experiencing such incidents in their workplace to come forward and report what is happening.

Four of the five victims chose to file victim impact statements that Macrury read in court Friday.

They said the assaults have affected their ability to trust people, particularly men, and left them feeling afraid and embarrassed.

The mother of one victim reportedly told the owner of the outlet what was happening and was promised the issue would be addressed. What occurred was that the victim found herself again scheduled to work the same shifts as Macdonald.

“You became someone I feared at work,” said one victim, adding she suffered in silence because it appeared the owner was taking the side of Macdonald.

Macrury said Macdonald's actions were planned and deliberate and that he abused his position of trust over his female colleagues and committed his crime over a lengthy time period.

Two of the victims have now filed a civil claim against the owner of the restaurant alleging the company failed to protect them from repeated sexual assaults while at work.

The suit against T-roy Enterprises alleges that both female employees were subject to repeated assaults that continued even after a formal complaint had been filed with Cape Breton Regional Police.

The former workers claim the owner failed to ensure a safe workplace, properly supervise the conduct of staff and failed to act in a timely manner to resolve issues involving sexual misconduct and sexual assault.

OPINION

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2021-10-26T07:00:00.0000000Z

2021-10-26T07:00:00.0000000Z

https://saltwire.pressreader.com/article/281621013543784

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