Despite reluctance from Judge, Nanaimo sex offender avoids jail

“I do not find the present case to be exceptional,” Judge Whonnock told court.

However, Judges in Canada are strongly encouraged to follow joint sentence recommendations, which formed the basis for Bordal’s punishment.

Judge Whonnock was torn.

“I’m still not persuaded that a probation period alone is enough. Specifically I do not feel comfortable ordering a community based sentence when the case law is clear that some measure of incarceration is called for given the gravity of the offence.”

Despite being uncomfortable with a non-custodial sentence, Judge Whonnock agreed to the punishment proposed by the Crown and defence, who emphasized its rehabilitative and protective conditions.

“I’m unable to say their joint proposal would cause a reasonable person to conclude that the proper functioning of the justice system had broken down — accordingly, I will endorse the joint submission as advocated by counsel,” Judge Whonnock said as her lengthy 90 minute decision winded down.

Bordal’s offending

Bordal was flagged by the RCMP’s B.C.’s Integrated Child Exploitation Team, who were tipped off regarding illegal material uploaded to the user of an underground chatroom.

The content tied to a user name, ‘G Naked Perv Hubby’, was later confirmed to belong to Bordal.

His central Nanaimo home was raided by police on Jan. 29, 2020, while Bordal, his wife and mother-in-law were all home at the time.

Several electronic devices were seized during the search containing the small illegal collection. Some of the material depicted children estimated between three and eight-years old either posing or being sexually abused by adults.

The Crown’s Nick Barber stated a non-custodial sentence allows Bordal to continue his ongoing counselling routine.

“A suspended sentence for rehabilitative purposes seems like a good way to deal with Mr. Bordal,” Barber said, noting Bordal had no prior criminal record.

Defence lawyer Chris Churchill said Bordal’s father died in 2019 and he and his wife lost a child in 2010, leaving him in a depressed and confused state.

Churchill said Bordal took responsibility for his actions at the earliest opportunity, abided by release conditions in place for 19 months and has progressed during group therapy sessions for sex offenders.

Churchill pointed out a psychologist’s primary recommendation is to refer Bordal for treatment.

Bordal is considered a low risk to re-offend, court was told.

Judge challenges offender

Judge Whonnock raised concerns she had about a pre-sentence report and psychiatric assessment of Bordal.

Whonnock said Bordal appeared to deny or minimize the true horrors child pornography represents.

“There is never a strong statement in the reports that what he did was wrong.”

Judge Whonnock said Bordal’s claim he wasn’t aroused by the illegal material is not credible.

“That statement right there is inconsistent with the moniker that he chose himself for his criminal activities.”

There was no evidence Bordal’s behaviour would have stopped unless Nanaimo RCMP intervened, Whonnock stated.

Bordal addresses court

Bordal, a 49-year-old longtime Nanaimo resident who grew up in Port Alberni attended his sentencing hearing via teleconference.

While fighting back tears, the professional truck driver apologized to anybody for the hurt his actions caused.

“I should never have engaged in any of that activity in the first place…I know I hurt myself, I hurt my family, hurt my relationship, its hurt my marriage, hurt my friends, my family. I’ve lost friends and family over this, I’m losing my wife over this,” Bordal said.

Bordal stated he has learned “invaluable lessons” during ongoing counselling sessions tailored for sex offenders, saying he has no reason to view the material again.

“It’s never going to happen again…I’m not going back to that life, I’m moving forward with my life,” Bordal said.

While Bordal uploaded some of the child porn, there is no evidence he bought or sold it.

Mandatory minimums

Mandatory minimum sentences for possessing child pornography have been deemed unconstitutional by judges in multiple jurisdictions in Canada.

If mandatory minimum sentences stood up in Bordal’s case he would be automatically jailed for between six months and two years.

Bordal will appear on the National Sex Offender Registry for the next decade. The registry is only accessible by police departments Canada-wide, allowing quick access to the current addresses of sex offenders.

Over the next two years Bordal’s internet usage will be heavily restricted, including not having any social media accounts or participating in chat rooms.

He has to stay away from public facilities and parks where people under 18 could be and have no contact with anybody under the age of 18.

The no contact order includes exceptions to allow Bordal to perform his duties as an on-call trucker.

He was also ordered to provide a DNA sample.

A second charge against Bordal of distributing child pornography was dropped.

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On Twitter: @reporterholmes

by Ian Holmes

Despite reluctance from Judge, Nanaimo sex offender avoids jail

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