Sentencing for unlawful importation of approximately one kilogram of heroin into Canada.
The accused pleaded guilty after being intercepted at Pearson International Airport with narcotics concealed in a false-bottom suitcase.
The court considered aggravating factors including the quantity and nature of the Schedule I drug and the concealment method, but also weighed mitigating factors including the guilty plea, limited prior record, addiction issues, and significant systemic and background factors relevant to an Indigenous offender under s. 718.2(e) of the Criminal Code.
The court further found that substantial delay and deficiencies in obtaining a proper Gladue report due to provincial administrative failures constituted state misconduct affecting the sentencing process.
Taking these factors into account, the court imposed a penitentiary sentence below the usual appellate range for large-scale heroin importation.
