An indigenous man who received a “huge break” when a judge gave him house arrest for sexually assaulting a woman has avoided jail a second time despite repeatedly breaching the terms of his sentence.Nelson Lesage was sentenced in July 2024 to a two-year conditional sentence, including 16 months of house arrest, for sexually assaulting a woman who was asleep beside her fiancé in his home in Fort Providence, NWT.The National Post reported that while the Crown and the defence recommended the sentence, the presiding judge in Yellowknife noted it was “at the low end” of what is typical for such crimes.In the written decision, NWT Supreme Court Justice Louise Charbonneau stated Lesage should have understood the leniency he had been shown.“He was aware, or should have been, that not being sentenced to actual incarceration was a huge break,” Charbonneau wrote.“Even taking into account his guilty plea, his tragic circumstances and the principles governing the sentencing of Indigenous offenders, the sentence he received was outside the range of what is ordinarily imposed … for this type of crime.”Lesage was released on Oct. 24 after spending several days in custody.The sexual assault occurred after the victim and her fiancé went to bed fully clothed following an evening of drinking.During the night, Lesage entered the room and assaulted the woman while she slept.“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,” Charbonneau’s decision said.DNA evidence later confirmed Lesage was the perpetrator.Lesage has a criminal history that includes violent offences and a 1995 conviction for break and enter and sexual assault.A pre-sentence report described his traumatic upbringing, punctuated by abuse, alcoholism and family violence, including witnessing his father’s death at the hands of his mother..Indigenous man avoids prison for ‘killing machine’ rifle as intergenerational trauma shapes court's decision.Having been warned that any breach could land him in jail, Lesage was found “passed out” on Oct. 12, 2025, at another home in Fort Providence, “where none of the exceptions to his house arrest applied.”The court heard this wasn’t the first time he had broken his sentence’s conditions. Earlier in May, he was spotted at a house party where alcohol was being consumed.“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.”However, despite acknowledging the gravity of Lesage’s breach, Charbonneau accepted the joint position of the Crown and defence that Lesage should not receive additional jail time, calling the result “highly exceptional.”The decision was heavily influenced by circumstances surrounding the breach.Lesage told the court he had learned that day that his mother-in-law was terminally ill and was returning to the community to spend her final days with her family.Lesage, who had been close to her since beginning a relationship with her daughter at the age of 19, left his residence, a violation of his conditions.“My understanding is that he went there essentially to seek comfort and be with family members,” Charbonneau stated.“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.”Charbonneau noted that his actions had already resulted in significant personal consequences, with Lesage being taken into custody and unable to be with his mother-in-law before she died.Her funeral was scheduled for Oct. 25, the day after his court appearance, and jail time would likely have prevented him from attending.Both Lesage’s 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.”“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 Oct. 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.”
