Ontario Superior Court Justice Michelle Fuerst has rejected prosecutors’ bid to have a repeat child sex offender declared a dangerous offender, despite convictions involving young children in Canada and the United States.

Instead, Fuerst sentenced Michael Ferguson to 16 years in prison and designated him a long-term offender, imposing a further 10 years of community supervision after his prison sentence.

According to reporting by Peter Robinson, Ferguson pleaded guilty to four sexual assaults involving children as young as one and two child pornography offences. The Canadian offences occurred primarily in Simcoe County, with some occurring in a Toronto suburb. His victims’ identities are protected by a publication ban.

Ferguson previously fled the United States after learning authorities wanted him. He eventually returned, was arrested and pleaded guilty to raping a child. He received a 15-year sentence, mostly suspended, served approximately four years and was deported to Canada in 2021.

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Canadian investigators uncovered thousands of child pornography files and DVDs. Evidence included images showing a man with an “Evil” forearm tattoo matching Ferguson’s.

Dr. Philip Klassen assessed Ferguson as a pedophile presenting a medium risk of reoffending. He also reported that Ferguson minimized his crimes and misled those treating him, but concluded he could benefit from sex offender treatment.

Court heard Ferguson had received no such treatment during his incarceration in either country.

Fuerst found the requirements for a dangerous-offender designation had not been established. The Crown had sought an indefinite prison term.

Prosecutor Cameron Peters expressed surprise at the decision and maintained that the Crown had presented a strong case.

With credit for pre-sentence custody, Ferguson has approximately eight-and-a-half years remaining. Robinson reported that he will become eligible for statutory release in just over five-and-a-half years, at approximately age 57. That eligibility does not guarantee release.

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