Pandemic delays gun-smuggling trial

Cross-border travel restrictions between the U.S. and Canada are simply too onerous to compel an American lawyer accused of gun smuggling to stand trial later this month in Penticton.

Provincial court Judge Michelle Daneliuk agreed to adjourn Shawn Bertram Jensen’s trial to an as-yet unknown date when he can attend in person, as is his right.

Jensen, 60, is a practising lawyer in Wenatchee, Wash., about four hours south of the Osoyoos border crossing, where he was arrested Oct. 25, 2019, by members of the Canada Border Services Agency.

He’s facing a total of eight charges under the Customs Act and Criminal Code for allegedly attempting to smuggle a restricted Ruger .22 handgun and an unloaded Colt AR15 SP1 rifle into the country.

Jensen’s trial was scheduled to start the third week of February at the Penticton courthouse, but his lawyer successfully sought the adjournment Monday — the second in the case — due to the pandemic impacting Jensen’s ability to attend in person.

Crown counsel Jennifer Crews agreed to the adjournment on the basis Jensen won’t seek to have the matter tossed out due to delay.

“I should point out … Mr. Jensen would be permitted into Canada as court dates are considered essential travel, but he would have to quarantine for 14 days before the trial,” said Crews.

But noting the time and costs involved with such a 14day quarantine, Judge Daneliuk agreed to postpone the trial. “It is a bit of a unique situation,” said Daneliuk.

Jensen is facing a maximum five-year prison sentence and $500,000 fine under the Customs Act, and a 10-year prison term under the Criminal Code.