Sentencing delayed for gun smuggler

The sentencing hearing for a convicted Osoyoos gun smuggler was delayed Thursday pending a possible constitutional challenge.

Senk’lip — who was charged as Alex Louie — was convicted by a jury in October in B.C. Supreme Court in Penticton of nine offences, and is facing a mandatory minimum sentence of three years in prison.

Due to his Indigenous heritage, however, he may be able to challenge the constitutionality of the mandatory minimum.

That prospect was raised by Crown counsel Clarke Burnett, who referenced a recent decision of the B.C. Court of Appeal that found such minimums can have the effect of over-riding so-called Gladue factors that generally result in lighter sentences for Indigenous offenders due to the systemic discrimination their people have faced.

Justice Arne Silverman urged Senk’lip, who has been self-represented to date, to contact a lawyer to help with the matter, which is now due back in court Jan. 19.

Burnett also suggested the judge enter a stay of proceedings on four of the counts, which overlap the other five.

The jury trial heard at trial how border guards at the Osoyoos port of entry found two handguns tied to the bottom of Senk’lip’s car and two boxes of ammunition behind the dashboard as he tried to enter Canada from the U.S. on Feb. 1, 2017.

Senk’lip argued unsuccessfully that tradition and his special status as a self-described North American Indian permitted him to cross the international boundary whenever, and with whatever, he likes.