Judge lowers minimum prison term in drug case
Single Indigenous mother found with 1.9 kg of cocaine in suitcase at Pearson airport
A Brampton judge has struck down the mandatory minimum law for drug importation, finding it would be cruel and unusual punishment to sentence an impoverished single Indigenous mother to two years in prison.
Superior Court Justice Casey Hill’s ruling underscores the need for Ottawa to act on its promise to repeal mandatory minimum sentences, said Jonathan Rudin, a lawyer for Aboriginal Legal Services, an intervener in the case.
“This really calls out, again, for the federal government to do what they said they were going to do. That’s the only way we’re going to get some coherence into the criminal justice system,” Rudin said Tuesday.
He noted it has been two years since the Truth and Reconciliation Commission recommended the laws be repealed as a way to address the serious problems Indigenous people face in the criminal justice system.
The case involved Cheyenne Sharma, 23, who pleaded guilty to smuggling 1.9 kilograms of cocaine found in her suitcase at Pearson International Airport after she left a flight from Trinidad in 2015. She had no criminal record. The mandatory minimum for drug importation is two years.
Sharma’s lawyer, Rob Christie, and Aboriginal Legal Services argued the mandatory minimum sentence constitutes cruel and unusual punishment and violates the charter. The judge agreed, finding it “a grossly disproportionate punishment.”
In his 100-page ruling, Hill summarized evidence from an expert witness who testified about the “systemic cultural genocide of our country’s First Nations peoples” and the direct impact of colonialism on their disproportionate involvement in the criminal justice system.
And while prosecutors argued Sharma’s case was an “incredibly exceptional circumstance,” Hill disagreed after also hearing evidence about her horrific background that included sexual abuse, drug addiction and homelessness.
“Cheyenne Sharma is very much the face of many Aboriginal offenders whose background has played a real role . . . in their presence before the criminal courts in this country.”
Nevertheless, Hill upheld the law as constitutionally valid and sentenced Sharma to 17 months in prison. Rudin, Aboriginal Legal Services program director, said that was “unfortunate.”
But Rudin said the judge noted Sharma will be eligible for parole soon and can apply to the temporary absence program prior to parole, a request the judge recommended be treated favourably.