Indigenous man who got 'huge break' in sex assault sentencing gets 'extremely lenient' penalty for breaching it
An Indigenous offender who got a “huge break” when a judge gave him house arrest for sexually assaulting a woman who was celebrating her engagement to another man just got another one for violating the conditions of his sentence.
Nelson Lesage was sentenced to house arrest in July 2024 for sexually assaulting a woman while she was asleep with her fiancé at Lesage’s home in Fort Providence, N.W.T.
“He was aware, or should have been, that not being sentenced to actual incarceration was a huge break,” Northwest Territories Supreme Court Justice Louise Charbonneau wrote in a recent decision out of Yellowknife.
“Even taking into account his guilty plea, his tragic circumstances and applying the principles that govern the sentencing of Indigenous offenders, the sentence he received was outside the range of what is ordinarily imposed by this court for this type of crime.”
Then on Oct. 12, 2025, Lesage was found “passed out” at another home in Fort Providence.
“None of the house arrest exceptions applied,” Charbonneau said. “Mr. Lesage was placed under arrest and taken into custody.”
The court heard it wasn’t the first time Lesage had broken the conditions of his sentence. He was spotted at a house party this past May where alcohol was being consumed.
The judge warned Lesage that breaking the conditions of his house arrest could land him behind bars.
“In the rare occasions where a conditional sentence is imposed in this court for a serious sexual assault such as the one committed by Mr. Lesage, offenders should expect that failure to comply with the conditions will generally result in actual incarceration for the balance of the sentence, or a significant portion of it,” Charbonneau said. “This is especially so where, as here, the person has already been given a chance and a warning following compliance issues.”
Despite this, the judge didn’t sentence Lesage to jail time.
“This is a highly exceptional outcome in a situation like this, which was driven by exceptional circumstances,” Charbonneau wrote in her memorandum of judgement, dated Nov. 4.
“As I told Mr. Lesage at the conclusion of the hearing, he must understand that any further issues with compliance with the conditions of the conditional sentence order are very likely to result in his incarceration.”
Lesage’s sexual assault trial heard people were drinking alcohol at his home before the newly engaged couple went to bed fully clothed.
“At some point during the night Mr. Lesage entered the bedroom and sexually assaulted (the woman, whose identity is protected by a publication ban) while she was sleeping,” said Charbonneau’s recent decision.
“She woke up on the floor at the foot of the bed, with a blanket on top of her and her pants and underwear pulled down. She was shaken awake by Mr. Lesage. He accused another person of having raped her. He told her he had found this person in the residence.”
Her partner went looking for the alleged aggressor. Meanwhile, she realized there was semen on her pants.
“The matter was reported to the police and an investigation was undertaken,” Charbonneau said.
DNA testing “ultimately showed” Lesage was the culprit.
Both the Crown and Lesage’s defence lawyer recommended he get a two-year conditional sentence, with the first 16 months on house arrest, and two years of probation. Other conditions of the sentence include abstaining “from alcohol, drugs, and other intoxicating substances,” said the recent decision.
The sentencing judge “noted Mr. Lesage’s extensive criminal record which includes convictions for crimes of violence and, notably, a 1995 conviction for break and enter and commit sexual assault,” Charbonneau said.
“The sentencing judge underscored the need to denounce and deter sexual violence, given the prevalence of this type of crime in the Northwest Territories.”
Although the sentencing judge gave Lesage the penalty both the Crown and defence were recommending, “she did not agree with it,” Charbonneau said.
“I have reviewed the joint submission,” said the judge who sentenced Lesage for sexual assault. “It is not a sentence that I feel is an appropriate sentence for this type of offence. It is at the low end of the range of appropriate sentences for this type of offence.”
But it didn’t meet “the high standard which was set out by the Supreme Court of Canada … for rejecting joint submissions, and as such, I will impose the joint submission,” said the sentencing judge.
Lesage’s pre-sentence report revealed he “had a tragic and traumatic background. He was exposed to alcoholism, family violence, and abuse in his childhood,” it said. “The dysfunction in the home culminated in his father’s death at the hands of his mother during a party at their family home, an event that he witnessed.”
When Mounties arrested Lesage last month for breaking his sentence conditions, he “had learned that day that his mother-in-law was terminally ill and that there was no treatment that could assist her,” Charbonneau said. “My understanding is that she had been out of the jurisdiction and was being sent back to the community so she could spend her final days there. She passed away while Mr. Lesage was in custody following his arrest on the breach.”
Her funeral was to take place Oct. 25, the day after Lesage was in court for breaching the conditions of his house arrest.
“Mr. Lesage was very close to his mother-in-law. He was 19 when he began his relationship with her daughter. Her family took him in as a member of the family and his mother-in-law became like a mother to him. Given his tragic background, being integrated in his spouse’s family was very significant for him.”
Lesage told the court he broke the conditions of his house arrest after learning about his mother-in-law’s condition.
“My understanding is that he went there essentially to seek comfort and be with family members,” Charbonneau said.
“He acknowledges that he should have contacted his conditional sentence supervisor to get permission to leave his house. He also acknowledges that unfortunately, he succumbed to the temptation to turn to alcohol to cope with his emotions.”
Lesage had already been warned about breaching his sentence conditions in May, said the decision.
Both his lawyer and the Crown recommended “that there be no further consequences” for breaching the terms of his house arrest — a position Charbonneau called “extremely lenient.”
Meaningful consequences for breaking conditions of house arrest are “essential to ensure the effectiveness of this sentencing tool,” Charbonneau said. “To be effective in achieving the objectives of sentencing, these orders must have ‘teeth,’ must be closely supervised, and the offender must understand the consequences of not adhering strictly to what has been ordered. This is also essential to preserve the confidence of the public.”
Despite this, Charbonneau agreed with “counsel’s joint position that no further action should be taken in this case.”
Lesage already spent some time in jail because he broke the conditions of his house arrest, said the judge, who issued an oral order to release him on Oct. 24.
“I also took into account that Mr. Lesage’s unfortunate choice resulted in him not being able to be with his mother-in-law and family during her final days and in the days following her passing,” Charbonneau said. “This constitutes punishment in and of itself. Finally, I took into account that the funeral was to take place on October 25. Directing that Mr. Lesage be incarcerated for a portion of the remainder of his sentence, probably preventing him from attending his mother-in-law’s funeral, would, in my view, have been disproportionate and cruel.”
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