A 61-year-old former pastor, who was once acquitted of sexually assaulting two young adult members of his congregation with whom he had a sexual relationship, has been convicted of exposing himself in a West Kelowna grocery store.

Security staff noticed Daniel James Duncan on CCTV exposing his genitals in the West Kelowna Real Canadian Superstore in October 2024.

“Mr. Duncan is seen in three different areas of the store over approximately a 10-minute period with his coat over his arms covering the front of his pants,” Crown prosecutor Jason Hatherly told a Kelowna courtroom, May 25.

The court heard that Duncan was mainly facing the store shelving when this happened, but there were children nearby. More precise details of what took place weren’t heard in court.

It appears no customers clocked Duncan’s behaviour, and the Crown said that was only due to a matter of luck.

It was the security staff that tipped off police, and the 61-year-old was later charged with a single count of committing an indecent act in a public place.

He was going to fight the charge, but instead pleaded guilty on the first day of his trial.

“I want to express my remorse and regret for my actions,” Duncan told Judge Michelle Daneliuk before being sentenced. “Without the support of my family and therapist, I wouldn’t be in the place I am now, and I feel that’s a healthy place.”

The Crown argued Duncan should be sentenced to 240 hours of community service, while defence lawyer Wade Jensen put forward a conditional discharge – whereby Duncan would not get a criminal record, provided he completed a period of probation without any issues.

In arguing for a conditional discharge, Jensen pointed to Duncan’s lack of prior criminal record, 39-year marriage, his numerous contributions to the community, and an abundance of support from friends and family.

There was no mention that Duncan had once been charged with sexually assaulting two young adult women he had relationships with when he was a pastor at the Living Faith Chapel in North Battleford, Saskatchewan, in the early 2000s.

According to a Dec 7, 2012, Star Phoenix article, Duncan had met the two women when they were both in their teens, but the relationships did not become sexual until they were 18. Duncan was married with two children and in his late 30s when the relationships occurred.

While the relationship with one of the women was highly sexual, they never had intercourse because they agreed that was only for married couples.

“When asked why she cuddled with the accused, she said she was powerless, that he was a pastor and he told her what they did was right,” Saskatoon Court of Queen’s Bench Justice Dennis Maher is quoted as saying in the Star Phoenix article. “She trusted what he said and went along with it, when he would tell her their physical contact was an expression of the love they had for each other.”

Their relationship continued on and off between 2001 and 2008, and in that time, Duncan officiated at the woman’s wedding to another man.

When the couple would separate, Duncan would tell her to “pray upon it” and follow her conscience, the article said.

The second woman met Duncan when she was 17 years old and sitting in the lobby of the church crying after a memorial service.

Duncan befriended her, and when she was 18, she moved in with his family.

“She would attend church with Duncan’s wife and children and Duncan would introduce her to
the congregation as his adopted daughter,” the article reads.

The woman told the church during several meetings that Duncan had abused her.

In 2010, Duncan resigned from the Apostolic Church of Pentecost, with which the Living Faith Chapel is affiliated, and moved to Kelowna.

The Crown had argued Duncan had abused a position of trust when he entered into sexual relationships with the two women.

However, the Justice later found Duncan not guilty of the sexual assault charges, finding the Crown had failed to prove Duncan had touched the women in a sexual manner without their consent, or that the consent was coerced by Duncan’s position of trust or authority.

After moving to Kelowna and being acquitted, Duncan began working with children and adults with ADHD.

After the recent charge, he lost a contract with the Ministry of Children and Family Development because he could not have contact with children while on bail.

“Although those conditions were entirely appropriate, as a consequence of those conditions… Mr. Duncan was unable to have any contact whatsoever with his own grandchildren for that period of time,” Judge Daneliuk said. “The obvious emotional distress that this caused Mr. Duncan, as well as his family members, was evident in the courtroom.”

The court heard that if Duncan were given a criminal record for exposing himself, he would no longer be able to continue working with children.

“He has been described as a compassionate caregiver, generous of his time, and very committed to his career. First, as a pastor for 14 years, and more recently, working with families of neurodiverse children and bringing significant assistance to them in navigating the world when dealing with such a diagnosis,” the judge said. “He is described as a role model by one of his friends who has authored a letter on his behalf, and in spite of this matter, he maintains that view.”

Ultimately, Judge Daneliuk granted Duncan a conditional discharge, along with 100 hours of community service and 18 months of probation.

Provided Duncan doesn’t breach his probation, he will not get a criminal record.