Warning: This story contains details related to sexual abuse.
A Nanaimo man in jail for sexual abuse of his two children was partially granted an appeal that will eventually ease restrictions on his internet use.
The man, who can’t be named due to a publication ban, was previously charged and sentenced to three years in prison for taking pictures of a naked girl in a separate case.
In October 2021, he was sentenced to serve a consecutive eight-year prison term, after his two children came forward about sexual abuse between 2013 to 2016.
READ MORE: Nanaimo man, already in jail, found guilty of sexual abuse of sons
In addition to the sentence, the judge imposed a number of ancillary orders at the time, including a lifetime ban on social media use.
On April 11, the British Columbia Court of Appeal ruled that the judge made an error in not providing sufficient reasons to explain the duration and scope of the order.
“Had the judge received helpful submissions and set her mind to the issues of duration and scope, she would not have made the order she did,” Chief Justice Leonard Marchand wrote. “The circumstances certainly called for a lengthy and restrictive order – but not a ‘maximum’ one.”
The man’s internet use will now be limited for 15 years once he is released from prison. During that time, he will not be allowed to use social media, forums or chat rooms, or communicate electronically with minors.
In the decision, the appeal court judge explained that he believes in order for the man to be reintegrated into society successfully, lifelong limitation on internet use are “not justified.”
“[The man] proposes, and I accept, that his internet use can be adequately monitored in the same manner as his current order, namely by permitting any peace officer to verify his compliance by giving them access to any device in his possession that is capable of accessing the internet or any computer network upon request,” the judgment noted.
Other orders that will expire after 15 years include attending any public park, public swimming area, community centre or theatre where children might be present, and communicating with or being in the presence of children.
Another part of the man’s appeal, that his eight-year prison term should not be consecutive to his three-year term, was rejected.
READ MORE: Nanaimo man who sexually abused his sons has court appeal denied