Long jail sentence will not help young heroin addict, defence lawyer says

KITCHENER — A prosecutor recommended a stiff sentence on Wednesday to encourage a young heroin addict and other illegal opioid users to stop playing “this dangerous game.”

In calling for a “deterrent sentence” of three to four months in jail for Alicia Foster, federal prosecutor Richard Prendiville referred to the more than 70 fatal opioid overdoses last year in Waterloo Region.

“I think what Mr. Prendiville is really saying is that he’s probably getting tired of people dying of heroin, fentanyl, and carfentanil overdoses and he wants to protect them,” said defence lawyer Hal Mattson.

“What Mr. Prendiville would like to do is put her in jail forever until she stops using heroin. That’s what we’re really saying: ‘We would like to put you in jail, young girl, until you finally won’t go out there and put a needle in your arm and maybe kill yourself.’”

But Mattson argued, “Putting a young girl like this in jail is not going to wean her off of drugs.”

Foster, 25, stole from a grocery store in September and then failed to attend court. A warrant was issued for her arrest. When police found her on Feb. 6, she had a syringe loaded with heroin. She has been in jail since her arrest.

Foster, who has compiled a long criminal record, had a terrible childhood. She was abused by a relative and went into foster care, Mattson said.

“She never had a chance.” Foster started using opioids. She got pregnant and “kept it together” for a few years. Then her child was taken away when she was 21.

“Things completely devolved after that,” Mattson said.

A boyfriend “prostituted her out” and she became homeless.

“To give a heroin addict who is a street person, who was abused, who basically is out there scared, being prostituted out by her boyfriend, to give her three or four months for injecting heroin into herself, it’s not an appropriate sentence,” Mattson said.

What she needs is “stabilization,” not a long jail sentence, Mattson said. Probation may help, he said.

Justice John Lynch said it’s not the first time Foster has been in his courtroom.

“I have to confess, when I saw you come in, I can’t pretend I didn’t recognize you. I did.”

Lynch told her she is smart, well-spoken and has much potential.

“It’s not a pleasant path that you’re taking yourself down,” the judge said.

Lynch told her he hopes she can quit drugs.

“But there’s nothing I can do about that, other than provide opportunities, and I always characterize probation as an opportunity.”

Lynch gave her a 45-day jail sentence, minus 24 days of enhanced pretrial custody, and put her on probation for a year. She must take any assessment, counselling or rehabilitation programs directed by her probation officer.

“None of us want you back,” Lynch said. “I wish you success.”