Waterton Bretheren Ministers and Elders leave Lethbridge Provincial Courthouse after Johan John Hofer's sentencing. (LethbridgeNewsNOW)

By LethbridgeNewsNOW (Lara Fominoff)

STUDENT ABUSE

Hutterite colony teacher avoids prison time

May 8, 2019 | 8:23 AM

LETHBRIDGE, AB – What was supposed to be a four-day trial in Court of Queen’s Bench in Lethbridge for a former Hutterite Schoolmaster, ended up with a notice of re-election filed for Provincial Court, guilty pleas to seven counts of assault with a weapon and assault, and a nearly two-year conditional sentence order.

In front of a courtroom packed with Hutterite ministers, and family members of both the accused and the victims, 48-year-old Johan John Hofer, of the Waterton Hutterite Colony, made the pleas before Judge Derek Redman Tuesday, May 7.

According to Crown lawyer Darwyn Ross, the offences occurred between Jan. 2005 and Dec. 2015, when Hofer was not only the Colony’s schoolmaster, but also a minister and a garden boss.

Ross described numerous incidents involving boys and girls as young as six, and as old as 14 that occurred in school, in a barn, near a swimming area and other locations. During one instance, a 12-year-old girl was discovered reading a book that was not approved of by Hofer. She was then bent over a stool and spanked on top of her clothes but on the buttocks with a strap in front of other students and told she was “worthless.” That girl ended up leaving the colony when she was 17.

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During another incident involving two young boys who were playing with toy trucks outdoors, Hofer drove by in a truck, stopped and told the boys to go into his house. There, he sat them down and told them what “the devil was going to do to them,” told them to put their fingers out, and then held a lighter underneath- explaining how “hot hell was going to be.”

Several other incidents included Hofer backhanding a child for not gathering potatoes properly, two boys being told to kneel near a door with a winter draft coming through – then alternately being told to kneel near a furnace.

Court also heard how Hofer used not just a lighter and his hands, but also belts, straps, a yard stick and even tree branches on several occasions to hit children. Other “offences” that would garner punishment included not wearing the properly coloured dresses or socks, leaving a community gathering and going to play with animals in a barn instead of going straight home, or playing sports the schoolmaster didn’t approve of. One child was even poked so hard in his side by a “pointer” stick, that he began to bleed. Others were told to hold their hands out palms up, fingers spread, so that they could be hit with a wooden stick.

Ross told the court the children often were humiliated; that many times marks or bruises were left after their punishments or discipline, and that there often was no explanation as to why they were being targeted. Portions of two victim impact statements were also read out loud, which described how one victim was afraid to leave the family house most days.

Defense lawyer Adriano Iovanelli told the court “my client did not intend to hurt the children,” and described how the accused’s intent was simply discipline. Court heard how Hofer was stripped of his positions, and that he has already received consequences in his community.

Judge Derek Redman asked three Hutterite ministers to also stand and address the court just prior to sentencing, asking them how they felt.

“The church doesn’t allow a stick to poke, or branch, or a lighter to burn. It is not church policy,” said a minister from New York.

“We all just want peace and respect. And we teach our children the same, “ he added.

Judge Redman then explained to the courtroom that according to the Supreme Court of Canada, while some reasonable force is allowed when disciplining children, it is allowed only under certain conditions, including that the force be for educative or corrective purposes, and only sober, reasoned use of force is allowed. Outbursts of violence against children motivated by anger or animated by frustration are not allowed. The parent or educator must explain what they are doing, why, and and it must be under reasonable circumstances.

Force may not be used on children under the age of two, the use of belts or rulers is to be avoided if possible, teenagers are not to be hit, and there must never be a strike to the head.

Redman accepted a joint submission from the Crown and Defense, for a conditional sentence order of two years, less a day. The first 12 months are to be served under house arrest, with Hofer only allowed to leave his home and yard for medical or pre-approved purposes. During the last 12 months less a day, Hofer will have a curfew of 10 p.m. to 6 a.m. Neither he nor his family can contact the victims or their families, or they could risk jail or other punishment. Hofer will also have to submit a DNA sample. He also can not occupy a position of trust or authority for the duration of his sentence.

(LethbridgeNewsNOW)