A former Winnipeg educational assistant will not have her sentence for sexually exploiting a student overturned on the grounds her lawyer was ineffective and the judge too harsh.
In her appeal, Sheryl Dyck’s lawyers argued her initial counsel failed to question the complainant on the number of times he alleged the exploitation occurred, failed to properly prepare the witnesses to testify and should have advanced the theory the teenage student tried to wrongly implicate her, among other mistakes.
“In my view, while the representation at trial was not perfect, the accused did not receive ineffective assistance,” Manitoba Court of Appeal justice Diana Cameron said in her written decision.
Dyck was found guilty last year of plying a teenage student with liquor and drugs before eventually engaging in a sexual relationship with a student at Winnipeg’s Elmwood High School, starting with oral sex more than a dozen times in fall 2014, and sexual intercourse once. She received a 3½-year prison sentence.