THUNDER BAY - A former Canadian Forces medical technician found guilty of sexual assault and breach of trust charges has been sentenced to a total of four years in custody.
A sentencing hearing for former petty officer second class James Wilks, 64, was held earlier this summer, with Justice John Fregeau releasing his reasons for sentence in late September.
In February 2024, a jury found Wilks guilty of one count of sexual assault, two counts of breach of trust, and one count of sexual exploitation relating to a complainant who was under the age of 18-years-old at the time.
The jury found Wilks not guilty on additional counts of sexual assault relating to two other complainants.
The complainants testified at the trial that they were subjected to unauthorized breast examinations conducted by Wilks as prospective recruits into the Canadian Forces while he was stationed in Thunder Bay and London, Ont. between 2005 and 2008.
Wilks has previously been convicted on numerous counts of sexual assault and breach of trust charges in 2011, 2014, and 2017 while serving as a medical technician with the Canadian Forces.
He was sentenced to nine months for the 2011 convictions, 30 months for the 2014 convictions, and nine months for the 2017 convictions.
A complainant provided the court with a victim impact statement during the sentencing hearing earlier in the summer in Thunder Bay.
The complainant said Wilks has destroyed her trust in the medical profession and because he used his position of authority to take advantage of her, her ability to trust anyone will never fully be restored.
The Crown was seeking a custodial sentence of three-and-a-half years for the sexual exploitation and breach of trust charge relating to the complainant under the age of 18-years-old, and 18 months for the breach of trust charge relating to the other complainant to be served consecutively.
Citing Wilks’ past convictions for similar incidents, the Crown said his actions illustrate a pattern of repetitive and predatory sexual behaviour inflicted on multiple victims.
The defence sought a period of between 15 to 18 months in custody, arguing Wilks’ conduct underlying the offences was relatively minor and did not include intercourse or penetration.
Fregeau said the only mitigating factors when determining a sentence was Wilks’ age and medical conditions.
But Fregeau pointed to several aggravating factors, including one offence being committed on an individual under the age of 18, Wilks repeated abuse of authority and trust in his position, the impact of the offences on the complainants, and the premeditated and predatory nature of his actions.
“I find the accused’s calculated and predatory conduct in carrying out this offence to be an aggravating factor. I further find that the gravity of the offence and the accused’s degree of responsibility in committing it to be high,” Fregeau said in his decision.
“Finally, the fact that the offence of sexual exploitation carries with it a maximum punishment of 14 years imprisonment clearly indicates the seriousness of this offence.”
Fregeau added denunciation and deterrence must be the primary sentencing objectives applied to a case such as this one.
“This is not the accused’s first custodial sentence and I do not accept that the principle of restraint is applicable,” he said.
“Pursuant to the direction of the Supreme Court in Friesen, sentencing in sexual offences against young people must reflect an increased societal understanding of the harm caused to these vulnerable members of society. In practice, this directive is reflected in more significant sentences for accused persons who commit sexual offences against young people.”
Wilks was sentenced to three years on the counts of sexual exploitation and sexual assault and one year on the counts of breach of trust in relation to the complainant under the age of 18 to be served concurrently.
On the counts of breach of trust in relation to the second complainant, Wilks was sentenced to one year in custody to be served consecutively to the first sentence.
Wilks will also be required to register with the Sexual Offender Information Registry for 20 years. He is also required to submit a DNA sample and is subject to a weapons prohibition order for 10 years.
