Ontario Court of Justice

Date: 2021-04-26 Court File No.: Brampton 17-6001-02

Between:

HER MAJESTY THE QUEEN

— AND —

TANYA TRUDEAU

Before: Justice P.T. O’Marra

Heard on: December 1, 2020 Reasons for Judgment on Sentence released on: April 26, 2021

Counsel: J. Geiger, counsel for the Crown M. Ruffalo, counsel for the accused Tanya Trudeau

P.T. O’Marra, J.:

Overview

1On March 9, 2019, after trial, I found Ms. Trudeau guilty of importing 2,993.7 grams of pure cocaine into Canada, contrary to section 6(1) of the Controlled Drugs and Substances Act. (See: R. v. Trudeau, 2020 ONCJ 559)

2After a lengthy delay in the preparation of a Gladue Report, sentencing submissions commenced on December 1, 2020, over the Zoom platform. At the outset of those submissions, counsel proposed a joint submission on sentence for my consideration. I adjourned sentence several times due to Ms. Trudeau’s absence. These are my reasons for my determination that a four (4) year penitentiary sentence, less 114 days of pretrial custody, is a fit and appropriate sentence for this offence.

Facts

Circumstances of the Offence

3On May 15, 2017, Ms. Trudeau and her boyfriend, Justin Landry, travelled to Rio de Janeiro, Brazil. On May 22, 2017, at 6 am, Ms. Trudeau and Mr. Landry returned to Lester Pearson Airport on Air Canada flight AC091 from Sao Paulo, Brazil.

4Ms. Trudeau and Mr. Landry were directed to secondary inspection. They arrived at Border Security Officer (hereinafter referred to as “BSO”) Santos’ counter for inspection of their luggage.

5Ms. Trudeau approached the inspection desk with her luggage cart that held five (5) pieces of luggage. BSO Santos directed Mr. Landry to have a seat while he examined Ms. Trudeau’s luggage. In response to BSO Santos’ questions, Ms. Trudeau stated the following: That she was self-employed as a hairstylist, she had purchased her airline ticket with cash, and that she had stayed at the Windsor Excelsior Hotel in Rio. After BSO Santos confirmed that the luggage on the cart was hers, Ms. Trudeau placed the following bags on his counter: A small purple suitcase, a large black suitcase, a small blue and white handbag, a black handbag and a blue and grey handbag. Ms. Trudeau confirmed that she had packed the bags herself and that she was aware of their contents. The first suitcase contained clothing which was removed. BSO Santos conducted an ion scan of the empty suitcase. The scan was negative. While he conducted the test, BSO Santos asked Ms. Trudeau whether there was any cocaine in her luggage. Ms. Trudeau answered “no” and then looked down to her left. Ms. Trudeau admitted to BSO Santos that she had used cocaine in the past but that was before Christmas.

6The next bag that BSO Santos inspected was the large black suitcase. The black suitcase primarily contained female clothing. The officer conducted a further ion scan which tested positive for cocaine. The bottom of the empty suitcase was unusually heavy and bumpy. As It turned out there was a large organic mass observed on the X-ray.

7Ms. Trudeau was arrested for importing a narcotic into Canada. Ms. Trudeau was cooperative throughout the process.

8Further investigation revealed that the large mass secreted in the lining of her suitcase contained 3,522 grams of cocaine. The purity of the liquid cocaine was 85% which equaled 2,993.7 grams of pure cocaine.

9The value of the cocaine in the suitcase was between $134,716 and $329,307 depending on the manner in which the cocaine was sold or trafficked.

10The weight of the suitcase, including the drugs and the clothing, was 9.7 kilograms.

11Mr. Landry arrived with two (2) pieces of luggage. As Ms. Trudeau was being examined, BSO Haist arrived in secondary to inspect Mr. Landry’s luggage. Mr. Landry identified two (2) suitcases that he claimed belonged to him. Ms. Trudeau stated that they had packed their suitcases together. Shortly after his arrival, BSO Haist learned that Ms. Trudeau had been arrested for importing. Mr. Landry was arrested as a “co-conspirator”. BSO Haist examined the larger of the two suitcases that belonged to Mr. Landry. After BSO Haist emptied the suitcase, he detected a chemical smell from the suitcase. Upon closer inspection he found a false side. An X-ray disclosed a similar anomaly. BSO Haist discovered 3,430 grams of liquid cocaine within the suitcase. Mr. Landry was arrested for importing cocaine.

12Mr. Landry was acquitted in a separate trial.

13Ms. Trudeau’s defence was that she knew nothing about cocaine and was not involved in the importation or concealment of cocaine in the suitcases. She claimed that she was set up by Mr. Landry. I rejected her testimony to the effect as not being credible.

14Ms. Trudeau maintained her innocence at her trial and continued to do so after her conviction for a period of time. However, recently she has accepted responsibility for the offence and has expressed to a certain degree some regret for her actions.

Circumstances of Ms. Trudeau

Pre-Sentence Report

15The pre-sentence report (PSR) was submitted to all parties on December 12, 2019. There were some aspects and circumstances contained in the PSR which were later corrected and or amplified in the Gladue report. During the only interview for the preparation of the report, Ms. Trudeau refused to provide the writer with collateral contacts. However, Ms. Trudeau was polite and forthcoming in the interview.

16Ms. Trudeau is 49 years old. She was born in Little Current, Ontario and resided in the Wikwemikong First Nation for two years. Ms. Trudeau is a registered band member of the Sagamok First Nation. She is the oldest of four siblings. Her parents have been married for 45 years. At 13 years of age, Ms. Trudeau was told that the man that raised her was not her biological father but rather she was adopted. Ms. Trudeau’s mother refused to provide her with much information about her biological father. Ms. Trudeau recalled that she did meet her biological father when she was a teenager and that he attempted to take her home with him.

17Since she learned about being adopted, Ms. Trudeau has suffered from an identity crisis as she feels that she does not belong. In the past, she spent her summers as a child alone with her maternal grandparents at Wikwemikong. She has other biological siblings and occasionally communicates with them online. Although Ms. Trudeau has always felt that her adoptive family has treated her differently than her siblings, she is adamant that her adoptive father treated her like she was his own.

18While growing up and in high school, Ms. Trudeau played many sports and bonded with her father over her athleticism.

19Ms. Trudeau’s mother is a registered band member of Wikwemikong First Nation and her adoptive father is a registered band member of Sagamok First Nation. When Ms. Trudeau was adopted, she became a band member of Sagamok First Nation.

20Ms. Trudeau raised her siblings since her parents worked full time off the reserve. Ms. Trudeau’s mother worked as a nurse and her father was employed as an electrician.

21Prior to being charged, Ms. Trudeau had a very close relationship with her parents. However, her relationship has changed. Ms. Trudeau is bothered by the fact that her parents have never inquired about the charge, and that she finds it disconcerting that her parents prefer to listen to gossip and inuendo. Ms. Trudeau no longer has a close relationship with her siblings. However, she does maintain contact with them on a weekly basis. As of the date of the PSR, Ms. Trudeau was visiting her family in Sagamok twice a month.

22Ms. Trudeau has three children and three grandchildren. Her eldest daughter was the product of an 8-year relationship. Due to physical abuse and his alcoholism, Ms. Trudeau and her eldest daughter’s father separated when she was two years old.

23Ms. Trudeau’s son shares the same father as her eldest daughter. Ms. Trudeau became pregnant after they had separated and were not in a relationship at that time. However, they are currently friends and maintain a civil relationship. He also resides in Sagamok.

24Ms. Trudeau’s youngest daughter’s father is not involved in her daughter’s life. However, her eldest daughter and son’s father stepped in and assisted in raising her youngest daughter despite their separation.

25Ms. Trudeau has a very close and loving relationship with her children and her grandchildren. Her children fully support her despite her legal troubles.

26With respect to her relationship with Mr. Landry, they have no children together and have not spoken since she was charged. Since 2010, she had been in a relationship with Mr. Landry, which she acknowledged was a very negative relationship. Ms. Trudeau commented to the writer of the report, that she believed she was “set up” by Mr. Landry and disavowed any knowledge of the cocaine in the suitcases. Later in my reasons, I will return to Ms. Trudeau’s seemingly change in attitude towards her responsibility for her actions, as articulated in the recent Gladue Report.

27In her leisure time, Ms. Trudeau enjoys writing, hunting, camping, fishing, golfing and spending time with her grandchildren.

28As a result of the charge, Ms. Trudeau has lost the respect of many friends. However, she has remained close to a childhood friend who has a positive and pro-social influence on her life.

29As of the date of the PSR, Ms. Trudeau had seen a doctor who specializes in Indigenous Mental Health in Sagamok and has been actively seeking out a counsellor or psychiatrist in Sudbury. She continues to struggle with her identity crisis and desperately needs to heal her mind and self. needs to heal her mind and self.

30Ms. Trudeau confirmed that her adoptive father did attend the Spanish residential school but refuses to speak about it. In Ms. Trudeau’s opinion, his residential school experience affected their family. The impact on Ms. Trudeau and her family is further detailed and amplified in the Gladue report.

31Ms. Trudeau learned both English and French while growing up, but was never taught the Ojibwe language at home, despite the fact both parents routinely spoke Ojibwe to each other.

32For the past ten (10) years, Ms. Trudeau has had a career in hairstyling. Before she was charged, Ms. Trudeau was anxious to open her own mobile hairstyling business and serve First Nations’ clients located on the northern shore of Lake Huron.

33Ms. Trudeau completed high school and is several credits short of achieving her Bachelor of Science.

34She confirmed moderate alcohol abuse and copes with anxiety and sleeplessness by using marijuana every other day.

The Gladue Report

35On December 1, 2020, Marie Embury, the Gladue writer with Aboriginal Legal Services, submitted Ms. Trudeau’s Gladue Report.

36Ms. Trudeau is recognized as a “Status Indian” under the Indian Act; and is a registered member of Sagamok Anishnawbek First Nation in the Sudbury District.

37Ms. Trudeau’s mother, Patricia, attended an all-girl boarding school, but neither she nor Patricia know the name of the school. Ms. Trudeau’s grandmother, Nancy Recollet, and Tanya’s stepfather, Walter Trudeau, attended the Spanish Residential School:

The Spanish Residential School has been referred to in the Truth and Reconciliation Commission’s work as being among the worst of the offending schools and is located in Spanish, Ontario. It had two separate buildings for a boys and girls’ dormitory, opening in 1888 and closing in 1965. Complaints, from both staff and parents, were often sent to the attention of Duncan Campbell Scott, who was head of the department of Indian and Northern Affairs. One such archived document from a mother in 1924 noted children returning from Spanish said they had been mistreated ‘reason being they are savages, given food not fit to eat' and that the children were being abused, noting the story of one boy whom the Christian Brothers had undressed, then “whipp[ed] him naked until he became unconscious’ (See: John S Milloy, A National Crime: The Canadian Government and the Residential School System, 1879 to 1986 (Manitoba: University of Manitoba Press; 1999) at 150.)

38Ms. Trudeau’s mother, Patricia, said she thought her mother had a bad “episode” at the Spanish Residential School. She stated the following:

When they first started having those reunions in Spanish [for the residential students], I remember telling her and showing her the poster and said, ‘Come on, ma, I’m going,’ but she wouldn’t even look at it and would say nothing. I kind of figured she didn’t want anything to do with it. Sometimes she talked a little bit about what happened there. [My mother,] the way she punished us was physical. I remember coming home from playing with my sister and she just grabbed a stove wood and started hitting us on our backs […] whereas my dad didn’t do anything like that to us; maybe he would talk to us, but that was it.

39It is now recognized that there is no coincidence that so many fell victim to violence, accidents, addictions and suicide. Today, the children and grandparents of those who went to residential schools also live with the same legacy of broken families, broken culture and broken spirit. (See: Submissions of Charlie Cootes, Chief of the Uchucklesaht First Nation (20 May 1992) Royal Commission on Aboriginal Peoples Public Hearings in Port Alberni, British Columbia)

40Ms. Trudeau said her parents and her grandparents were all “weekend alcoholics” and there was lots of alcohol and drinking while she was growing up.

41This aspect of a distant relationship with her mother, was mentioned by Ms. Trudeau in the report:

My mom is very passive and the way my [step] father treats her, he controls her and everything. She’s been this way her whole life. She is a very good provider, financially, but as far as maternal and nurturing, no. To me, she was never there, I never felt like she was there.

42Ms. Trudeau said her mother was physically abusive and hit her with wooden spoons. She could not recall how old she was except that she “was young”. Ms. Trudeau stated that she was not abused by her stepfather; instead, he would speak to her if she misbehaved. Her mother reported that parenting was different from her mother’s time and her time, but agreed it continued intergenerationally when it came to physical abuse. Ms. Trudeau’s mother observed:

As a parent myself, I might have started doing that when Tanya was little because I remember she had an accident or peed herself or something like that and I grabbed a, not a wood, but you might as well say it was [pause] it was one of those wooden spoons, cooking spoons and I grabbed it and hit her with that and I just yelled at her. It’s only when I learned about residential school that I learned where that came from and I stopped doing it. I don’t hit my grandkids that way at all and just talk to them — it was just my own children.

43Ms. Trudeau remarked about her parents:

My folks believe in material things as defining who they are, whereas I taught my children the seven [Grandfather] teachings — respect, honesty, humility, bravery, truth, love, wisdom — and used these teachings in every aspect to raise them. No contact was how I was raised — no hugs or kisses; instead, the whip of a wooden spoon or branch”.

44Ms. Trudeau also observed that,

…the residential school, I think, has affected my upbringing in a sense that the lack of expressing feelings or dealing with forgiveness or even expression of love.

45When Ms. Trudeau was six (6) years old, in Grade 2 at school, she suffered physical abuse at the hands of a teacher, who picked her up by the neck. She tried to tell her mother what had happened to her, but her mother did nothing about it. Ms. Trudeau said she remembered “withdrawing inwardly” at this age and becoming “shy and closed-off”.

46Ms. Trudeau recalled, that when she was eleven (11) years old, she often cared for her siblings. Her mother worked “around the clock shifts” and her stepfather would come home late after working in the mines. Ms. Trudeau stated, “I’ve spent most of my youth being a mom when my mom wasn’t around”. However, there were times when Ms. Trudeau’s mother arranged for a cousin to watch over her and her siblings. Ms. Trudeau recounted that when she was twelve (12) years old that same cousin, sexually assaulted her. Ms. Trudeau stated:

I told my mom about that and said, ‘I don’t want him to babysit, I don’t want him to babysit’, and I would try to explain it to her, but she would never listen to me, you know. I think at that time that she finally understood what I was fucking talking about and she stopped getting him to babysit.

47Ms. Trudeau also reported that she was sexually assaulted by a member of her stepfather’s family. Ms. Trudeau said that the assaults were “swept under the carpet like everything else […] I told my parents and they did fuck all about it”.

48Ms. Trudeau described the devastating and raw moment of finding out that her stepfather was not her biological father. She reported that she was thirteen (13) years old at a teen high school dance when a car pulled up with two drunk men, one of those men stated that he was her biological father and tried to take her home that night. Her experience of finding out the truth about both her fathers has caused complications and she feels a loss that has affected her and her family. She said she feels that she no longer has her support system or ability to communicate with loved ones. After that moment, Ms. Trudeau always felt that she was treated differently than everybody else by the Trudeau family.

49Pages 21 and 22 of the report cites the “influential” Adverse Childhood Experiences (ACE). It is a study that lists risk factors adults experience in their childhoods that contribute or make it “4 to 12 times” more likely for individuals to experience alcoholism, drug abuse, depression and suicide attempts than those who experienced none. The ACE study identified those risk factors to include:

• Exposure to psychological abuse;
• Exposure to physical abuse;
• Exposure to sexual abuse;
• Exposure to violence against mother;
• Living with household members who were substance abusers;
• Living with household members who were mentally ill;
• Living with household members who were suicidal;
• Living with household members who were ever imprisoned.

50Ms. Trudeau has experienced five (5) of the risk factors during her childhood: Exposure to psychological abuse, physical abuse, sexual abuse, and living with someone with substance abuse issues and mental illness.

51While she raised her children on her own in Ste. Sault Marie, Ms. Trudeau developed an addiction to cocaine and occasionally was unable to care for her children. Afterwards, Ms. Trudeau moved to Sudbury. She enrolled in the Sudbury Regional School of Business and received her diploma for hairdressing.

52At page 24 of the Report, Ms. Trudeau expressed her regret and acknowledged the risk that she took by her involvement in this offence.

[My mother and brother] thought I was into the heavy use of drugs because of my charges, but they didn’t understand that I did it for money to get myself out of financial debt, and because my daughter was going to university [...] so I took a chance, you know what I mean, and I did what I did.

I’ve been in tears and talking with my mom again at the same time trying to make amends here and because of dealing with my charges and putting shame on my family.

I am mentally prepared to go in to do time, you know it is what it is and I knew the risk and I know there are consequences to actions, I know, and I’ve been mentally preparing myself from day one already since the day I got caught.

53Currently, Ms. Trudeau feels that she has lost the respect of her family and friends. She has not spoken to her sister in five (5) years. Her brother does not trust her and feels that she is taking advantage of her parents. Ms. Trudeau is depressed and does not receive any treatment or medication.

54Ms. Trudeau devotes a lot of time and attention to her three (3) grandchildren from her daughter, Trista and helps out raising them. Tragically, their father drowned after diving into a lake this past summer. Sadly, the children witnessed their father’s death.

55Ms. Trudeau left Sudbury and is currently living with her other daughter in Toronto.

Bail Program Letter

56In a letter dated July 7, 2020, Talisa Beaudoin, the Bail Supervisor for the Elizabeth Fry Society of North Eastern Ontario confirmed that her organization has been assisting Ms. Trudeau with her release since September 11, 2018. Ms. Beaudoin wrote that Ms. Trudeau participated in a plan of care which addressed her specific and immediate needs.

57Ms. Beaudoin highlighted the fact that Ms. Trudeau demonstrated a positive attitude and a willingness to better herself.

Statutory Parameters and Governing Principles

58Importing three (3) kilograms of cocaine into Canada is a serious offence punishable by up to life imprisonment. (See: Controlled Drugs and Substances Act, s. 6(3)(a.1))

59The fundamental purpose and objectives of sentencing are set out in s. 718 of the Criminal Code. The Court of Appeal has identified a need to stress the goals of denunciation and deterrence in sentencing all drug importers, even vulnerable first offenders. (See: R. v. Hamilton and Mason (2004), 72 O.R. (3d) 1 (C.A.), at para. 105)

60Cocaine is a very dangerous hard drug available on the streets. It is a highly addictive substance that causes harm on users, their families and their communities. It is not indigenous to Canada. Without cocaine importers, there would be no cocaine problem in this country. (See: Hamilton and Mason, at para. 105) Those like Ms. Trudeau, who participate in its importation, contribute significantly to the spread of grief and misery in society. Their conduct and actions must be condemned by the court. It is necessary for those that would contemplate engaging in similar activity to know that the consequences of their fatuous decision will outweigh any potential financial gain. It falls to the courts to warn would-be couriers and other importers, in no uncertain terms, that they will pay a heavy price for choosing to import large quantities of hard drugs for quick personal gain. (See: R. v. Cunningham (1996), 27 O.R. (3d) 786 (C.A.), at p. 9. and R. v. Dawkins, 2019 ONSC 2070)

61The sentencing range for the importation of multiple kilograms of cocaine into Canada is six (6) to eight (8) years imprisonment absent exceptional circumstances. (See: R. v. Cunningham (1990), 27 O.R. (3d) 786, at page 790)

62Justice Durno in R. v. Gordon-Cummins, 2013 ONSC 5901, made the following statement regarding the sentencing range for importation of cocaine:

For a very few number of offences, our Court of Appeal has provided ranges of sentences. One of the offences for which they have provided ranges is the importation of cocaine. There are three: in the area of a half kilogram up to a kilo, more or less, is around two years to five years; a kilogram, more or less, three to five; and multi-kilos, six to eight years. However, the range is really a starting point with respect to sentence. In terms of another area where there are ranges, our Court of Appeal has said ranges are not embedded in stone. Given their nature as guidelines only, I do not view them as being fixed in law as is the case with binding legal principles. The Supreme Court of Canada said it would be wrong to assume there is a precise range that will apply in every case. And of particular importance, in Hamilton and Mason, Justice Doherty spoke about fixing sentences in a case that dealt with the importation of cocaine.

Fixing the range of sentence for a particular offence, of course, does not determine the sentence to be imposed on a particular offender. The range is in large measure a reflection of the "objective seriousness" of the crime ... Once the range is identified, the sentencing judge must consider specific aggravating and mitigating factors. The mitigating factors may be so significant as to take the case below the otherwise appropriate range.

I would add that there are also cases where the aggravating factors take it above. The factors have to be considered in terms of where within the range the sentence is.

63Section 718.2(e) of the Criminal Code provides that:

718.2 A court that imposes a sentence shall also take into consideration the following principles:

(e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.

64In R. v. Gladue, [1999] 1 S.C.R. 688, the Supreme Court of Canada noted at para. 88 that:

Section 718.2(e) does not require or result in an automatic reduction of a sentence simply because the offender is Aboriginal.

65In Gladue the Supreme Court of Canada held at para. 91 that s. 718.2(e) applies to all Aboriginal offenders, whether they reside on or off reserve, in a rural or urban area.

66Recently, the Ontario Court of Appeal in R. v. Sharma, 2020 ONCA 478 struck down the restriction on the availability of a conditional sentence for offences involving a maximum sentence of 14 years. Ms. Sharma was a 25-year-old woman of Ojibwa ancestry and was a member of the Saugeen First Nation. She pleaded guilty to importing two kilograms of cocaine contrary to s.6(1) of the Controlled Drugs and Substances Act. She was sentenced to 17 months' incarceration. Ms. Sharma submitted to the Court of Appeal that sections 742.1(c) and 742.1(e)(ii) violated sections 15 and 7 because their effect discriminated against Aboriginal offenders on the basis of race and because they were arbitrary and overbroad in relation to their purpose. The majority of the Court agreed and found both sections were not saved by section 1 of the Charter. They set aside the custodial sentence and found the appropriate sentence was 24 months less a day conditional sentence order. The sentencing judge had found the minimum sentence of two years violated Section 12 of the Charter. Ironically, the court of appeal set aside the sentence and imposed a sentence of time served. I understand that the Sharma decision is currently under appeal to the Supreme Court. There was no serious suggestion that Ms. Trudeau be considered for a conditional sentence order in this case.

The Mitigating Factors and Aggravating Factors

67To assist a trial judge in arriving at a just and fit sentence, Parliament has enacted s. 718.2 of the Criminal Code which sets out a number of aggravating or mitigating factors that a judge may consider increasing or decreasing a sentence.

68I find the following mitigating and or collateral factors present in this case include:

• Fairly positive presentence and Gladue reports that underline Ms. Trudeau’s prospects of rehabilitation.
• Ms. Trudeau is 49 years old. She is a mother of three children and three grandchildren. She spends most of her time caring for her grandchildren and enjoys the support of her daughters.
• Ms. Trudeau has lost the respect and support from members of her community, friends and her siblings.
• Ms. Trudeau was arrested almost four (4) years ago, in May 2017. She was released into the community with conditions and according to her bail supervisor has been compliant and followed a plan of care to address her needs.
• Ms. Trudeau spent 114 days in pretrial custody.
• Ms. Trudeau has almost completed a Bachelor of Science degree.
• Ms. Trudeau was employed as a hairdresser. She has a business plan to start up her own mobile hairdressing business to service First Nations people along the northern shore of Lake Huron.
• Ms. Trudeau has struggled with drug and alcohol abuse.
• Ms. Trudeau is a victim of sexual and physical abuse. It is particularly troubling the way her family ignored or swept away both her concerns and suffering. Moreover, she was victimized by males in positions of trust, her stepfather and a cousin.
• Ms. Trudeau has endured several failed relationships during which she suffered physical and emotional abuse that contributed to financial stress and strain. I am certain that the relationship with Mr. Landry contributed to her fatuous decision to import cocaine into Canada.
• Ms. Trudeau’s discovery that her biological father was not who she believed he was destabilised her self-identity.

69I find the following aggravating and or collateral factors in the present case:

• Cocaine is an insidious and highly destructive drug. The importation of cocaine is recognized as a violent offence.
• The amount of cocaine imported in Ms. Trudeau’s suitcase was just under three (3) kilograms which puts the sentence squarely in the Cunningham range.
• The value of the cocaine ranges between $134,716 and $329,307 depending on the manner in which the cocaine was sold or trafficked.

70I also note the following neutral factors:

71At the time of this offence Ms. Trudeau was 47 years old. Youthful offenders are deserving of a degree of leniency by the Court. However, Ms. Trudeau was a mature person who was not acting due to misjudgment or immaturity. (See: R. v. Hoang, [2002] O.J. No. 1355 at paras. 113-114)

72It is well established that a plea of guilty counts as a mitigating factor on sentencing, but neither a decision to plead not guilty nor the manner in which an accused person presents his or her defence is to be treated as an aggravating factor. (See: R v. Kozy (1990), 58 C.C.C. (3d) 500 (Ont. C.A.) at 506, and R. v. Bradley, 2008 ONCA 179, 234 O.A.C. 363 at para. 16) As the court explained in Kozy at p. 506"any perceived impingement upon the manner in which a defence is to be conducted, such as a fear that a particular tactic might induce a heavier penalty, would impair the right to full answer and defence".

73Ms. Trudeau has a previous criminal record which is distant and not drug related. The convictions for impaired driving serve to confirm that in her past, Ms. Trudeau struggled, among other difficulties, with alcohol abuse.

The Appropriate Sentence

74The parties are agreed on the aggravating and mitigating circumstances in this case, as was noted above. Further, in light of the decision in R. v. K.K., 2012 ONSC 2238, 286 C.C.C. (3d) 36, the Crown essentially acknowledges that the circumstances in this case qualify as “exceptional or extenuating” so as to justify a sentence outside the range that would ordinarily apply to a courier who imports about three (3) kilograms of cocaine into Canada. In my view, this is a fair and entirely reasonable concession for the Crown to make in light of Mr. Trudeau’s Aboriginal background and other personal circumstances.

75It is clear that both parties have taken into consideration Ms. Trudeau’s exceptional circumstances in arriving at a sentence that embraces the sentencing doctrine of proportionality. This is an extremely serious offence which cannot be countenanced nor condoned. But on the other hand, the sentence must be proportionate to Ms. Trudeau’s personal circumstances including her childhood and adult struggles with sexual, physical and emotional abuse.

76Although Ms. Trudeau was not a direct victim of the Residential School System, she is an intergenerational victim. The decisions of Gladue and Ipeelee make it mandatory for a sentencing judge to recognize “the connection between the history of colonialism, displacement, and residential schools and the devastating intergenerational consequences that these experiences have visited on far too many Aboriginal Canadians”. (See: R. v. Fleming, 2014 ONCJ 290 para. 51). In my view, the connection applies to many of Ms. Trudeau’s experiences. This factor combined with Ms. Trudeau’s other personal circumstances, in my view, brings Ms. Trudeau’s level of responsibility within the extenuating circumstances that permit a deviation from the range that normally applies to this offence.

Joint Submission and a Fit Sentence

77A joint submission attracts deference unless the proposed sentence would bring the administration of justice into disrepute or would otherwise be contrary to the public interest. (See R. v. Anthony-Cook, [2016] 2 S.C.R. 204.)

78Given all of the considerations, I unreservedly endorse the proposed joint submission of (4) years imprisonment less 114 days, as a fit and appropriate sentence. This means that Ms. Trudeau has 1,346 days to serve.

79I recommend that Ms. Trudeau be given access to Aboriginal programming, a Native Inmate Liaison Officer and has access to speak to an Elder monthly. I further recommend that Ms. Trudeau be given the opportunity for one-to-one counselling and access to treatment for her addictions.

80Finally, pursuant to section 109(2)(a) and (b) of the Criminal Code, Ms. Trudeau will be prohibited from possessing any prohibited firearm, restricted firearm, prohibited weapon, prohibited device and prohibited ammunition for life and any firearm (other than one that is prohibited or restricted), cross-bow, restricted weapon, ammunition and explosive substance for a period beginning today and ending in ten (10) years.

81I am directing a transcript of these proceeding and a copy of my reasons be forwarded to the Correctional Service of Canada.

82I thank both Mr. Geiger and Mr. Ruffalo for their assistance with this matter.

Released: April 26, 2021 Signed: Justice P.T. O’Marra