A jury has found a former principal of a private Saskatoon Christian school guilty of three counts of assault with a weapon and not guilty on two others. Duff Friesen, 68, was found guilty of hitting three students with a wooden paddle in the early 2000s while he was principal of what was then called Christian Centre Academy. The school later rebranded as Legacy Christian Academy and more recently became Valour Academy. During the trial, five former students testified that Friesen hit them on the buttocks with a wooden paddle. Defence witness and former school administrator Lou Brunelle testified that paddling was a form of discipline under school policy, which he said parents signed. During his roughly three-hour jury instruction Friday, Justice Daryl Labach told the jury it must consider only the evidence heard in court and remain impartial, setting aside unconscious bias. Labach also reviewed some of the evidence, including testimony that the church and school were interconnected and that the school used an unconventional education system in which students learned from work booklets and marked their own work. Some teachers did not have education degrees, the jury heard. He pointed to testimony that the school had levels of discipline that included paddling, with larger paddles used on older students. Labach also noted evidence that a church member handcrafted the paddles, which were sold at the church, and that students could be expelled for refusing to be paddled. Labach told the jury that, to find Friesen guilty, the Crown must prove beyond a reasonable doubt that he intentionally applied force, the student did not consent, Friesen knew the student did not consent and a weapon was used. He noted that even if a student submitted to being paddled, it did not necessarily mean they consented. Consent must be given without the influence of threats, fear, force or abuse of authority, he said. Labach also explained that a weapon is anything used to kill, injure or intimidate someone. The jury of nine men and three women began deliberations at about 2:45 p.m. Friday. During deliberations, the jury asked Justice Daryl Labach whether parental consent played a role in its decision. Labach said it did not protect Friesen and was not a factor. The jury returned just before 5:30 p.m. Friday, with its foreperson delivering a verdict of guilty on three counts of assault with a weapon and not guilty on the other two. However, when jurors were polled individually on the guilty counts, one juror said not guilty on all three. Labach sent the jury back to deliberate. Shortly afterward, the jury asked Labach what role motive played in its deliberations. Labach said it went toward credibility. Almost immediately afterward, at about 6:40 p.m., the jury returned with the same verdict: guilty on three counts and not guilty on two. After the jurors were polled, the verdict was determined to be unanimous. The jury found Friesen guilty of assault with a weapon against former students Jillian Kudryk, Andrew Watson and Robynne Randall, and not guilty of assault with a weapon against Coy Nolin and Sean Kotelmach. Friesen’s sentencing hearing is scheduled for Oct. 16.
