By Galen Simmons | The Wilmot-Tavistock Gazette
A retired New Hamburg veterinarian has been sentenced to two years conditional house arrest after pleading guilty to a charge of sexual exploitation of a fellow New Hamburg vet who was working for him as a veterinary student at the time.
James Hambleton, 73, was sentenced by Justice Ian Smith in Waterloo superior court on July 25 after pleading guilty to the charge on Feb. 24. Based on a joint submission from the defence and Crown, Hambleton, the former owner and veterinarian at Nith Valley Animal Hospital, was given a conditional sentence of two years less a day followed by three years probation.
According to the facts of the case, the complainant, whose name the Gazette has agreed not to publish, began working at Hambleton’s veterinary practice in 1996 so she could gain experience and be accepted into veterinary school. She worked at the practice for two years without incident, but in 1998 when she was 17 and Hambleton was in his 40s, he began a sexual relationship with her while he was still her employer and in a position of trust.
During this time, Hambleton provided gifts to the complainant and spent time with her family, often attending church and family functions with them. Smith said Hambleton told the court he now sees he was grooming her at the time. The relationship came to an end in 2004 when she was accepted into veterinary college.
“(The complainant) has publicly read a powerful victim impact statement to the court. I applaud her courage in doing so and thank her for sharing her profound story,” Smith said before issuing his sentence. “ … Her statement is reflective of the various types of harms that are so depressingly common when cases of sexual criminality come before the courts.
“The Supreme Court of Canada in the case of ‘R. v. Friesen,’ 2020 SCC 9, referred to these harms as the ‘ripple effects’ of sexual abuse. They include impaired social and family relationships, depression and other mental-health issues, isolation and, very sadly, the loss of trust in other human beings. When sexual offences are committed against children, those children lose the ability to choose the time and place, and nature of their own sexual awakening. It is for all these reasons that sexual offences are so grave and why sentencing in these cases is generally severe. But there are exceptions and … counsel are jointly of the view that this case is an exception to the general rule.”
Based on the sentencing submissions from the defense, Smith noted that Hambleton is a cancer survivor and has a collection of health issues that would make an ordinary jail sentence especially difficult. Hambleton has no criminal record and a history as a well-liked, productive member of the community.
“He has had a successful career as a veterinarian, a career now lost to him,” Smith said, referring to the fact Hambleton sold his veterinary practice and retired after police charged him with sexual exploitation. “He has sought out and continues to attend therapy, which appears to have been successful so far.”
Smith also noted that Hambleton chose to plead guilty with the intent of sparing the complainant from testifying and being cross-examined before a jury in what would have been a week-and-a-half long trial.
As part of the sentence, Hambleton is prohibited from being 25 metres from anywhere he knows the complainant to live, work or attend school. He is subject to 24-hour house arrest at his home in Wilmot, where he must remain with several exceptions. He is allowed to travel on Bridge Street to get from one piece of his property to the other, and he is allowed to leave for medical emergencies involving either himself or his wife, for volunteering or to attend religious services as approved by his conditional-sentence supervisor in advance after the first year of his sentence, for medical and dental appointments, and to purchase groceries or other necessities between noon and 4 p.m. every Wednesday.
After the first year of his sentence, Hambleton will be allowed to leave his property for other reasons, including to attend vintage car shows within less than a day’s travel, with the advance permission of his conditional-sentence supervisor.
In her victim impact statement, the complainant detailed how the abuse of trust and the sexual crime committed against her has impacted her life for more than two decades and continues to impact her today.
“Since the time I terminated my employment under the defendant, I have been terrified of encountering him or a member of his family in my home community,” she said. “This means that going to my local grocery store, going to my bank up the street from his office, eating at local restaurants, even crossing the street all became scary events for the past 20 years.
“ … This makes it difficult for me to pay complete attention to a friend at a coffee shop without watching the doors and windows to make sure we are in a safe crowd. As a result, I’ve chosen to patronise only facilities outside of the village if it was possible, avoiding any chance of encounter with the defendant or his family. My involvement in the community has been affected by the fear that I have.”
Continuing with her statement, she told the court about the toll her trauma has taken on all aspects of her life, from the triggers she experiences regularly working in a veterinary office and her fear of running into Hambleton at industry conferences to her inability to be present while spending time with her family at home.
She has undergone therapy to work through that trauma, and it was that therapy that led her to take her case to the Waterloo Regional Police Service in March 2022 to further her healing process.
“As a result of the crimes committed against me, I have been diagnosed with major depressive disorder, general anxiety disorder and complex post-traumatic stress disorder,” she told the court. “These conditions have rendered me unable to work either partially or completely over the past number of years. My family has experienced a loss of income as a result of my missing work from weeks to months at a time.
“In order to treat my medical conditions, I have been receiving both counselling therapy and medications. These treatments have created a financial expense. I’m currently seeking non-pharmaceutical treatment for PTSD. The recommended treatments include inpatient care over several weeks. It will not only cost a significant amount financially but will also pull me out of my family.”
In response to the complainant’s victim impact statement and the sentencing submissions from both the defense and the Crown, Hambleton told the court it was “an oversimplification” to say he’s sorry for his actions.
“It’s perhaps a stretch, but I believe that I’m remorseful,” Hambleton said. “I don’t understand my decision-making. I regret that I caused harm. This has torn apart families. This has destroyed people. I don’t understand how it happened and all I can ask for is that I be given not really a second chance, but an opportunity to live out my life in a more productive way than what it seems to have been for the last bit anyways, and certainly wish everybody could heal and that they, too, will have a productive and happy life.
“I think that’s probably saying enough in that I just – the word sorry keeps coming up but it’s more than sorry. I just don’t believe this myself and I wish it had never happened, and I wish I had acted as a person in authority should have acted.”
In speaking with the Gazette about Hambleton’s sentence, the complainant said she had been prepared for lenience from the judge, noting his hands were tied by case law, and expressed disappointment in the justice system as a whole.
She said she requested the Gazette publish this story to help encourage other victims of sexual crimes to speak out about their own experiences, whether that be in front of a therapist, with friends and family, or with the police, as she did.
“Ultimately, the true sentencing happens the moment he loses the secrecy of what he did and when people know him for what he did,” she said. “ … If by sharing my story, one person in an abusive or in a vulnerable situation knows that they are not alone, that would be a win. I hope to encourage or to help give a voice to people who have been victimized so they can get help either before or after the abuse happens. I want to bring to light and truth that sexual crimes are taking place so that victims don’t need to feel the embarrassment and shame, and criminals no longer have any secrecy.
“ … After living in silence because of feeling ashamed and embarrassed as though the abuse was my fault, I learned that my healing included sharing my story. More than 20 years after the abuse, I told my parents. I felt more understood and was able to communicate better and start restoring relationships that had been affected by the abuse. … As I sat with the special victims unit detective, I told my story and he listened with compassion. The moment he told me that he believed me, I was relieved with the feeling that I should have had as a teenager knowing I hadn’t done anything wrong and the adults and authorities would take care of things for me. This contributed significantly to my healing; to have lawyers believe me and also want to help me was a benefit.”
She said the opportunity to share her story and how she and her family have been affected physically, emotionally and financially with the court and with Hambleton present was a big step in her healing journey.
In that journey, she said the support and assistance from the Sexual Assault Support Centre of Waterloo Region was invaluable and it was through conversations with her therapists and counsellors at the centre that she decided to come forward to police with her story.
Though she knows that may not be the right path for every victim of sexual crimes, she encourages anyone who may be in a vulnerable position or those who are the victims of sexual crimes to reach out to the centre by calling 519-741-8633 or learn more about the services they provide by visiting www.sascwr.org.
She also spoke favourably about the assistance she received in navigating and understanding the court process from Victim Services Waterloo Region. For more information about that organization, call 519-585-2363 or visit www.vswr.ca.
Finally, she encouraged friends and family members of people who may be victims of sexual crimes to speak openly with their loved ones about those concerns and offer their unconditional love and support, whether they’re ready to take that next step towards healing or not.
