Former Moncton youth worker sentenced to 18 months for sexually exploiting teen

A former youth-care worker has been sentenced to 18 months in prison for repeatedly having sex with a teen under her care in Moncton.

Bianca Chouinard, 26, pleaded guilty in October 2022 to sexual exploitation by touching a 17-year-old boy for a sexual purpose while in a position of trust or authority. She was taken into custody after sentencing in Moncton provincial court on Friday.

Judge Ronald LeBlanc said aggravating factors in the decision included Chouinard's breach of duty of protection and care while in a position of trust, and the number of repeated incidents.

"This is not an isolated lack of judgment," he said.

The charge is tied to incidents during Chouinard's time working at a Moncton youth home in late 2018 and into 2019. She was initially at the home through a student placement and later as a full-time employee.

During a hearing in September, the victim testified the two had sex about 20 times while she was an employee at the home where he lived. The man, now 22, said she also allowed him to stay in her apartment for three weeks while he was on the run from the youth home.

The victim cannot be named because he was a minor at the time of the offence.

During sentencing, LeBlanc said he found it "shocking and reprehensible" that Chouinard never asked or told the youth to go back to the home after he ran away from it.

"She showed a complete lack of responsibility towards [the minor], a youth in her care, and instead took advantage of her position to satisfy her sexual interest in him," he said.

Court heard that at the time of the offence, Chouinard had ended a four-year relationship the father of her child and was feeling "overwhelmed."

LeBlanc said mitigating factors included the unlikeliness that Chouinard would commit further offences, the support she has from family, and the remorse she's expressed. He said she is the mother of a seven-year-old child, and has a full-time job at a Campbellton cellphone store.

Chouinard, shown leaving the courthouse after an earlier appearance, is unlikely to commit another offence, the court heard at her sentencing Friday. (Alexandre Silberman/CBC)

The victim's willing participation was not relevant in determining a fit sentence, LeBlanc said.

As the judge read the sentence of 18 months in jail, Chouinard, sitting with family members in the courtroom, became emotional.

Chouinard's sentencing was previously delayed after a dispute over whether she had sex with the victim more than once. That led the Crown to call the victim to testify in September.

Defence lawyer Alexandre Robichaud challenged the mandatory minimum sentence of 90 days, arguing the minimum was unreasonable under the Canadian Charter of Rights and Freedoms.

Crown prosecutor Sylvie Godin-Blanchard sought 12 to 18 months in jail, after aggravating factors arose during the victim's testimony.

The maximum sentence for the charge is two years.

Because the sentence imposed is greater than the mandatory minimum, LeBlanc did not address the charter challenge by the defence.

LeBlanc also ordered Chouinard to have no contact with the victim while in prison. She was taken into custody after the judge finished reading the sentencing decision.