McIvor still faces two counts of sexual exploitation

Former teacher acquitted on two of four sex charges

Judge found no evidence to support sexual assault charges against Shanny McIvor

A former Nakusp school teacher has been acquitted on two charges of sexually assaulting two high school students in the village in the fall of 2016.

The court ruled Thursday afternoon there was no evidence Shanny Nadine McIvor had violated Sec. 273.1 of the Canadian Criminal Code, dealing with inducing a person to engage in sexual activity by abusing a position of trust, power or authority.

Defence lawyer Richard Fowler moved there was no evidence to support a charge that McIvor had breached a position of trust, and Crown Counsel David Meagher agreed.

Provincial Court Judge Phillip Seagram concurred, dismissing the two counts of sexual assault.

McIvor faced up to five years in prison for each of the offences.

McIvor still faces two charges of sexual exploitation, under Sec 153 of the Criminal Code, which prohibits sexual touching of a young person with whom the accused is in a position of trust or authority.

She could face up to 10 years in prison for those offences.

McIvor, 27, was hired to work at the Nakusp Secondary School as a physical education teacher in the fall of 2016. She also taught a First Nations cultural course at the school.

The court heard testimony the novice teacher was having difficulty controlling her classes, felt isolated and was in conflict with other staff members at the high school.

She befriended two students at the high school, one 16 and one 17 at the time, who were to become the complainants in the case. Each testified that between October 1 and November 4 they had had a sexual encounter with McIvor.

The names of the complainants are protected under a publication ban.

The trial heard the last of the witness testimony Thursday. Court resumes on Friday morning with defence and Crown summations.

 

The trial began yesterday in Nakusp.

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