G. Singh

The offender was convicted by a jury of importing 2.5 kilograms of cocaine into Canada.

At sentencing, the offender argued for a conditional sentence, citing systemic racism, a difficult childhood, and harsh pre-sentence custody conditions including segregation and lockdowns.

The court acknowledged the offender's difficult background and the existence of systemic racism, which justified a sentence slightly below the standard 6-8 year Cunningham range.

However, the court found that the seriousness of the offence required a period of incarceration.

The court imposed a base sentence of 4.5 years, reduced to 3.5 years after applying Summers credit for pre-sentence custody.

The accused, charged with serious firearm and drug offences, sought release from custody at a mandatory 90-day detention review under s. 525 of the Criminal Code.

The accused argued that the COVID-19 pandemic and a new release plan constituted a material change in circumstances justifying release.

The court found that the proposed sureties were unsuitable and the release plan was inadequate.

The court concluded that continued detention was justified on both the secondary ground (public safety) and the tertiary ground (maintaining confidence in the administration of justice), despite the risks posed by the pandemic.