No further jail time for `street level' drug dealer
A Windsor man whose addiction issues have fuelled a history of drug dealing and other crimes avoided further jail time on Friday due to the hope he has “seen the light.”
Michael Raymond Courtemanche, 26, of Windsor, was given a sixmonth conditional sentence “to be served in the community” on four counts of drug trafficking, and failure to comply with court-ordered conditions.
In an online Superior Court session, Justice Kirk Munroe told Courtemanche that “I'm not here to show compassion to you.” But the judge said he believes Courtemanche has “shown that you can be rehabilitated.”
“If you're going to be anything in life — including a loving son to your mother who has given everything to you — then you've got a job to do,” Munroe told Courtemanche.
“Every day you wake up, you think about `I've got to do that job.' “
Courtemanche pleaded guilty to all of the charges last fall. Munroe said the decision to do so shows remorse, which was a mitigating factor in the sentencing.
The charges against Courtemanche — who was described by the judge as a “street-level dealer” — stem from an arrest on Aug. 27, 2018, in which Courtemanche attempted to flee from police.
As he ran, Courtemanche discarded a bag that was later found to contain 10 grams of cocaine, 26.8 grams of methamphetamine, 3.4 grams of heroin, and eight Percocet pills (oxycodone).
Munroe said the assortment made Courtemanche a “travelling salesman” of hard drugs “that have caused devastation to individuals, their families, their communities, and their country.”
At the time, Courtemanche was under bail conditions not to possess any illegal drugs.
Munroe noted that Courtemanche spent nine months in pretrial custody following the arrest.
Factoring in the Canadian justice system standard of 1.5 days credit for every day of pretrial custody, and adding three months of credit for the “collateral consequences of the COVID -19 pandemic,” Munroe figured that Courtemanche's pretrial custody time was equivalent to 17 months of jail.
Munroe concluded that a sentence of 23 months' punishment plus 18 months of probation is within the sentencing range for the offence of drug trafficking.
During Courtemanche's sixmonth conditional sentence, he must reside with his mother, report to a supervisor, and follow a 10 p.m. curfew.
He must submit a DNA sample and is prohibited from owning firearms or other weapons for life.
Munroe told Courtemanche that he did not want the sentence to “cripple your future.”
“Rehabilitation, in my view, is the key to salvation,” Munroe said.
The court heard that Courtemanche's extensive criminal record has been directly related to his own intravenous drug addiction, which “tore his family apart,” Munroe said.
Born and raised in Windsor as the eldest of four children, Courtemanche had a “normal upbringing ” and a “strong support system,” Munroe said.
The judge said he has been impressed by Courtemanche's mother, who has remained “loving and supportive” throughout her son's struggles.
The court heard that Courtemanche has ADHD and showed learning difficulties from an early age. He dropped out of school in Grade 10.
According to his mother, Courtemanche suffers from asthma and uses an inhaler.
There have been unsuccessful attempts at residential drug treatment. Courtemanche was ejected from one program for fighting. He is currently on methadone.
Nowadays, Courtemanche sleeps on his mother's floor and has been trying to complete online high school requirements. He recently completed a Grade 12 science course.
He has a three-year-old daughter whose mother is struggling with fentanyl abuse and is in custody on her own charges.
“According to Ms. Courtemanche, Michael is very bonded to her daughter,” Munroe said.
Munroe said he believes Courtemanche has “made real strides to live his life without drugs.”
“You appear to have seen the light,” Munroe told Courtemanche. “Especially with the impressive support of your mother, a law-abiding and productive life is there for the taking. You should be given a real chance at rehabilitation.”
Courtemanche's legal counsel Travis Hughes thanked the judge for his compassion.
“It's important to remember that this is called a conditional sentence of imprisonment to be served in the community,” Hughes said later, outside the court session. “It's been recognized by the Supreme Court as meaningful in terms of deterrence.”
“Mr. Courtemanche has fit all of those requirements for a conditional sentence. He has done a lot to better himself in the last two years.”