Retired Ottawa chiropractor appeals his conviction, his 'house arrest' is stayed

Retired chiropractor Michael Beaton leaves court.

A retired chiropractor will appeal his conviction on indecent assault and sex assault charges.  Dr. Michael Beaton was sentenced today to 15 months' house arrest but that won't happen pending his appeal.

Long time chiropractor Michael Beaton was convicted on those charges in June.  Today, he was sentenced, after a 5 year long court process.  But now that process will be even longer as his appeal works its way through the system.

Within hours of being sentenced to 15 months of "house arrest", Michael Beaton's lawyer had filed an appeal and had that sentence temporarily set aside.

“Justice Rutherford ordered a conditional sentence with specific conditions,” said Richard Auger outside the Elgin Street courthouse, “and since that order was made this morning, we've obtained an order from Court of Appeal staying that conditional sentence.”

Dr. Beaton would have walked out of the courthouse today anyway, with no jail time for his three convictions on indecent assault and sexual assault.  Instead, Justice Douglas Rutherford had sentenced the 77-year-old to house arrest and community hours, on the sex offender registry for life.

That left those who came forward with their complaints against their chiropractor feeling stunned.

One complainant, for whom Beaton was acquitted, said “I always thought there was one kind of justice but now I know that if you hit your golden years, it's a different justice.”

Justice Rutherford said he had to consider several factors in making his decision: that while these assaults were serious, they were on the lower end of severity, that Beaton is now 77 years old and that the trial brought him a certain amount of shame and humiliation.

The long-time chiropractor was convicted in June of indecent assault against two male patients he treated in his Baseline road office in the late ‘70s and early ‘80s, groping and fondling them while treating them for neck and back pain.

A third conviction for sexual assault was more recent, at the doctor's home in 2003. Beaton retired in 2014.  By that time several patients had come forward but Beaton always maintained his innocence, showing no regret or remorse.

The wife of one of the complainants says his age should not have played a factor in his sentence.

“Seventy-seven is two numbers,” she said, “thirty-five can be two numbers, too, and I don't think your crime should depend on your age.”

But part of the judge's ruling was based on when these offences took place.  Anyone convicted today of a sex crime committed after 2012 would go to jail.  House arrest is no longer an option.

Michael Beaton's appeal will take months meaning more uncertainty for him and his victims.