Sentencing delayed

Judge says Nicholas George Nash McInnis spared harsh systemic factors

Chief Provincial Court Judge Nancy Orr has rejected a joint recommendation that would see a young man avoid jail time for trying to sell drugs to high school students.

Nicholas George Nash McInnis, 18, was taken from his biological Cree parents and put into care at birth.

Both the Crown and the defence argued that McInnis faced considerable hardship growing up as an Aboriginal youth – an argument the judge did not go along with.

“He was not subjected to those systemic factors,’’ said Orr, noting McInnis was adopted by non-Aboriginal parents.

“It appeared to be a loving home.’’

Defence lawyer Yolande Murphy argued that children placed in non-Aboriginal homes often display behavioural issues.

Federal Crown attorney Chera-Lee Gomez highlighted that McInnis has experienced racism, severe mental health and addiction.

She asked the judge to put the focus on rehabilitation.

After hearing the submissions, Orr said she didn’t believe the joint recommendation was in line with the principles of sentencing she was required to follow.

She gave the Crown and defence a chance to make further submissions Tuesday, but did not seem particularly moved by the repeated joint recommendation for probation with no jail time.

McInnis is convicted of possessing marijuana for the purpose of trafficking.

He was a student at Charlottetown Rural High School in September when a police officer who worked out of the building found him with 15 grams of marijuana in several plastic baggies and $164 in cash.

McInnis told the police he was selling marijuana to about six students.

Orr will sentence McInnis on Feb. 20.