The defendant, Ashton Gray, a 33-year-old Mi’kmaq, Black, and transgender individual with a history of mental health issues and homelessness, pleaded guilty to mischief to a religious structure (motivated by bias) and possession of an incendiary device.
These offenses occurred shortly after being released on a conditional sentence for previous mischief and assault charges.
The Crown sought to collapse the conditional sentence and impose an additional 6-9 months of jail.
The defense argued for a more lenient sentence, citing the defendant's background, the impact of colonialism and residential schools, and the relatively minor damage caused.
The court acknowledged the defendant's Gladue factors and mental health but emphasized the seriousness of the offenses, the breach of the conditional sentence, and the unacceptability of vigilante justice.
The conditional sentence was collapsed, and a total of 120 days of custody was imposed for the new offenses.
