R. v. Garlow

Date: November 4, 2025

Ontario Court of Justice

Between:

His Majesty the King

— and —

Jesse Garlow

Before: Justice B. Green

Sentencing on: November 4, 2025

Counsel

Ms. A. Kok — counsel for the Crown

Mr. S. Yeghoyan — counsel for the defendant Mr. Garlow

Green J.:

A. Introduction

[1] On June 7th, 2024, Mr. Garlow was driving a vehicle when he was pulled over by the police to conduct a Highway Traffic Act investigation. Mr. Guthrie was his passenger. The investigation led to Mr. Garlow's arrest for several charges following the search of his vehicle.

[2] The police located a very frightening looking firearm with a magazine inserted in it, in a bag in the backseat. A flame thrower, crow bars and other items were in the trunk of the vehicle. Mr. Garlow had close to $5000 in cash in his wallet along with a small scale.

[3] Mr. Garlow has been detained in custody since the date of his arrest. The matter was scheduled to proceed to trial. Mr. Garlow's counsel filed Charter materials in anticipation of a trial. Nevertheless, Mr. Garlow instructed his counsel to enter resolution discussions on his behalf.

[4] On the first day of the trial, April 8th, 2025, Mr. Garlow entered pleas of guilty to two counts. He admitted that he was in possession of a loaded prohibited, modified, firearm and that his possession of this firearm was in contravention of court orders that prohibited him from possessing such items.

[5] Mr. Garlow did not admit that he was in possession of the firearm in furtherance of a criminal enterprise or as a tool of the trade of drug trafficking. These are inferences that the crown seeks the court to draw from the items in his possession, in a car, and his history of committing criminal offences including trafficking in drugs.

[6] Mr. Garlow's acceptance of responsibility resulted in the staying of the charges against the co-accused, Mr. Guthrie. It saved trial time that was devoted to this matter in a stacked court so that other matters could proceed on that day. He has consistently expressed remorse for possessing the firearm and breaching a court order.

[7] The sentencing hearing has been adjourned three times through no fault of Mr. Garlow's. It took time to prepare a fulsome Gladue Report as he is an Indigenous person. In addition, his counsel had scheduling issues. At each appearance, he appeared in considerable distress that his matter did not proceed to sentencing.

[8] To ensure the matter was not adjourned again, the litigants provided written submissions yesterday and today advocating for their respective positions.

[9] The crown provided impressive and detailed written submissions. She focussed primarily on the nature of the offences. She submitted that, considering the seriousness of these crimes and the deadly nature of this loaded weapon, the only appropriate sentence that will address the predominant principles of sentencing is a penitentiary sentence of 3.5 years[1] less credit for pretrial custody. The crown also sought a section 109 weapons prohibition for 10 years, a DNA order and forfeiture of all items seized by the police including the money that was in Mr. Garlow's wallet.

[10] The crown emphasized that Mr. Garlow was carrying a loaded firearm in a vehicle in public in suspicious circumstances along with a flame thrower and crow bars. This firearm was designed for one purpose, as a killing machine. Its possession is antithetical to the norms and values of Canadians. A strong message must be sent to deter like-minded individuals from carrying a loaded firearm by meting out a significant punishment. In addition, the punishment for having this weapon in contravention of a prohibition order must be consecutive.

[11] Counsel asked for a Gladue report to be prepared to aid with his submissions and this court's consideration of his client's Indigenous background. I received a report that was prepared in 2015 and an updated report.

[12] To describe Mr. Garlow's background as tragic would be an understatement. There is an undeniable link between his criminal record and his experiences as an Indigenous person. In addition, the conditions of his detention at Central East Correctional Centre have been horrendous. He expressed understandable upset during previous appearances about the suffering he has endured while on remand.

[13] Counsel provided brief written submissions. He urged me to consider the mitigation of Mr. Garlow's guilty plea, his expressed remorse, and his potential for rehabilitation especially with the support of resources for Indigenous people.

[14] Mr. Garlow has achieved periods of stability in the past. He can be a positively contributing member of society once he is released from custody. Counsel advocated for a sentence of time served to be coupled with a comprehensive probation order and the ancillary orders requested by the crown.

[15] This is a highly unusual case. The crown's cogent submissions accentuated the potential for death and destruction posed by the weapon that was in Mr. Garlow's possession. She urged the court to find that this gun was possessed for the purpose of committing crimes and was in contravention of an order intended to protect the public.

[16] In contrast, counsel highlighted that Mr. Garlow's personal history is heartbreaking, and how that attenuates his moral responsibility for these crimes.

[17] There is a clear, causal nexus between his father's brutalization in residential schools and the trail of damage and devastation that slammed like a wrecking ball through the next generation. I cannot imagine a case with a more shocking example of the detrimental impact of colonialism, intergenerational trauma and the attempted cultural genocide by seizing children from their communities only to be placed in horribly abusive environments.

[18] It is important to carefully review the aggravating circumstances of the offence and any mitigating circumstances of this offender, the applicable sentencing principles including the unique experiences of Aboriginal people, and any similar precedents with respect to the applicable range of sentencing to arrive at a fair and balanced sentence.

B. Facts:

i. The offences:

[19] On June 7th of 2024, officers were on general patrol in Peterborough. They saw a vehicle weaving within its lane, so they conducted a traffic stop. Mr. Garlow was in the driver's seat. He had a crack pipe in his lap. He was instructed to shut off the vehicle. He followed the officers' directions.

[20] During their initial interactions, the police noticed that Mr. Garlow had large amount of money in his wallet, almost $5000, along with a small weigh scale. Mr. Garlow immediately explained to the police that all the money that was recovered from his wallet was the proceeds of gambling.

[21] The police demanded that Mr. Garlow provide a sample of his breath into a roadside screening device. He blew a zero which demonstrated that he was not impaired by alcohol. The police checked out the backgrounds of Mr. Garlow and his passenger, Mr. Guthrie. They both had criminal convictions which caused some alarm. Backup officers were called to the scene even though Mr. Garlow was being compliant with all directions.

[22] The police began looking inside the vehicle. It was disputed what, if anything, the officers saw in plain view. In any event, the investigation escalated to a search of the vehicle's interior. The police located a modified rifle with a loaded magazine in a bag in the back seat of the vehicle. Both men were immediately arrested at the scene. During a further search at the station, police found the butt stock of gun, a newer looking safe, crow bars and a flame thrower in the trunk.

[23] It is difficult to describe the frightening appearance of this particular firearm without reviewing the picture that was made an exhibit. This gun is obviously not intended for hunting anything other than human beings. It is designed to maim and/or kill in a spray of bullets. Simply brandishing it would cause sheer terror.

[24] Experienced criminal justice professionals are not naïve. An available inference from the items in that car and the collective backgrounds of both occupants was that this firearm was possessed for a nefarious purposes. Both men were subject to prohibition orders at the time. It is not, however, the only available inference from the facts. During interviews with Mr. Garlow for the Gladue report, he denied that he was trafficking in narcotics. He also vehemently denied that he intended to use the gun to commit a crime.

[25] While there are several aggravating factors, I must consider Mr. Garlow's individual circumstances with a special emphasis on his experiences as an Indigenous person, his potential for rehabilitation and the unusually mitigating factors.

ii. The circumstances of the offender:

[26] Mr. Jesse Garlow's background was thoroughly reviewed in two Gladue reports. The first one was prepared in 2015. It was updated for the purposes of these proceedings in 2025. Mr. Garlow's familial and personal history is undeniably tragic.

[27] The discrimination against and mistreatment of our First Nations People is a national shame. The devastating intergenerational impact of colonialism and residential schools is unfortunately exemplified by Mr. Garlow's shocking life experiences. It has washed through his family history like a tidal wave of destruction and caused alienation from his roots.

[28] Mr. Garlow is a status Aboriginal person as defined by section 35 of the Constitution Act, 1982. He is Mohawk and a member of Six Nations of the Grand River First Nation. His indigenous ancestry is traced through his father, Gary Garlow. Mr. Garlow's grandparents escaped before they were apprehended and placed in residential schools. His father was not as fortunate.

[29] When Gary Garlow was a boy, his father was beaten to death. His mother was too young and poor to care for her children. Gary was taken away from his mother, his family and his community. He was raised in an extremely abusive environment.

[30] Torn from his family and culture, Gary Garlow learned only pain, apathy and survival by any means in a residential school. After enduring years of torment, he did not function well in society or interact well with other people. He committed a multitude of offences. He was either on the run from the law or he was incarcerated in a facility. Ultimately, he killed someone. He was incarcerated for a substantial period.

[31] While Gary Garlow was in prison, he met Jesse Garlow's mother. She was visiting her brother who was also serving time. They married after Gary was released from the penitentiary.

[32] Jesse Garlow was born in 1984. Gary often worked away from home, but his son initially had stability with his maternal family as a young boy. He enjoyed a middle-class lifestyle while he was with them. The couple had another child, Jesse's younger sister. Gary Garlow was injured while at work, so he stayed at home with Jesse's sister. Jesse Garlow felt envious of that connection.

[33] As noted, Jesse's paternal grandfather met a violent death. Thereafter, Jesse Garlow's personal losses continued throughout his life. His maternal grandmother died when he was five years old. Tragedy struck again when his mother became ill with cancer. He remembers visiting her in the hospital and fighting at school when someone made fun of his mother for being bald. Jesse's mother died when he was nine or ten years old. His father could not cope with her loss. He was drinking heavily and briefly returned to a life of crime. There was significant family tension over custody of the children. Jesse was shuffled around between homes until he ended up with his father again.

[34] Gary Garlow disclosed that the only person he really loved was his first wife. While he had love for his children, he was not able to show it to them. In the 2015 report Gary expressed that he believes that his capacity to express any affection was beaten out of him. He feels responsible for the way his children have turned out especially Jesse. Unlike his father, Gary described Jesse as a person with a "kind heart" and "smart like his mother". He did not want his son to follow in his footsteps.

[35] Before the death of his mother, Jesse led a relatively "sheltered life". Everything changed for him afterwards. His father became involved in a relationship with an Indigenous woman who had two children of her own. His father was often away at work, so Jesse was left to fend for himself and take care of his little sister. Not surprisingly, this living arrangement did not work out. His sister was sent to live with other family members. Jesse provided a description of his experiences while in his father's care:

He was never properly loved, right? My dad was an Aboriginal survivor, having the Native beat out of him. Sometimes I felt like we were the stereotypical Natives in Peterborough. You know, the drunk Native that beat his kids. I'd go to school with bruises on me, shit like that. It sucked.

[36] Jesse maintained a strong bond with his maternal grandfather, but once again tragedy struck. Mr. Garlow's grandfather was murdered by his wife. By the age of eleven, both of his grandfathers had been murdered and his grandmother and mother were dead. The devastating impact this would have on a boy is incomprehensible. In addition to these losses, his relationship with his father was very unstable.

[37] Mr. Garlow was a bright student and a gifted athlete. Despite his talents, it is hardly surprising that Jesse's grades began to slip, and he became quite rebellious. He got into fights with other students. Students made fun of his father's complexion. He started skipping classes and abusing various drugs. Gary Garlow encouraged Jesse to drink at home to be with adults. His family home became the party place where he would drink and abuse drugs with his dad. Tensions built up until father and son eventually had a physical fight.

[38] When Jesse Garlow was 17 years old, he was expelled from school. He went away on a trip with friend. When he returned, he discovered that his father had abandoned him. His father moved away with his sister without any notice or warning to Jesse. He lost all his belongings and had to reside with his maternal uncle. Mr. Garlow disclosed to his counsel that his uncle was abusive with him. He did not see his father again for a few years.

[39] Mr. Garlow's life spiralled out of control after he was abandoned by his dad. His criminal record commenced in 2003 when he was 19 years old. He supported himself by selling drugs. He was in unstable relationships. He began more heavily abusing various drugs.

[40] Eventually, he decided to leave a toxic relationship. He tried to get back on the right path. He was able to obtain a high school diploma, applied to college and moved in with his sister for a period but she had various life challenges. He reconnected with his father. He did well for the first year, but he wasn't able to maintain that lifestyle.

[41] Mr. Garlow was startlingly candid with the authors of the Gladue report. He began drinking again and spent more time with the "wrong crowd" of people. He discovered that he could make a lot of money quickly by robbing illegal grow operations. He lived with various people while maintaining legitimate work, but his drug abuse escalated out of control. He became involved in different relationships. In time, he stopped abusing crack and stabilized again for a little while.

[42] Mr. Garlow was caught in a repetitive cycle of drug abuse and crime interspersed with periods of stability. He has a multitude of convictions between 2003 until 2011 for various property offences, breaches of court orders and possession of unlawful substances. In 2011, he was convicted of more serious offences of break and enter. He was in an out of custody for short periods like a revolving door.

[43] Shortly before he was incarcerated in 2011, out of the blue, Jesse Garlow received a phone call from Child and Family services. He discovered that he had a child with an Indigenous woman who lived out west. They had a brief encounter, so he was quite surprised to find out about this child.

[44] After his release from custody, Mr. Garlow was able to maintain a more significant period of stability and sobriety. He earned custody of his son who is half Cree and Half Mohawk. Mr. Garlow has a relationship with a supportive partner who was and still is helping him with raising his son. She has been in his life through all the ups and downs since 2011.

[45] Jesse Garlow did well for a time, which coincides with the gap in his convictions between 2011 and 2015. Sadly, he became overwhelmed with accumulating expenses despite working diligently. He turned to gambling to address his growing debt. Eventually, in 2015, he got caught in the same cycle of substance abuse and committing crime. He was arrested for a robbery and other property offences.

[46] The Gladue report that was prepared in 2015 made various recommendations to assist with preventing Jesse Garlow's recurring issues. His son was 5 years old, and he was still with the same partner. He received a sentence of 14 months in addition to pretrial custody. While he was incarcerated, a path was offered for him to follow to assist with his success. He participated in programs proposed by the Native Horizons Treatment Centre. He established a positive connection with his ancestry.

[47] After he was released from jail, Jesse Garlow felt some hope for a different future. He got a decent job. He was promised that he would be made full time, but he suffered more misfortune. The company found a less expensive means to meet their needs. Jesse lost his job, and he lost his budding hope for a bright future. He was desperate to pay off his looming expenses. He returned to the life that he knew would provide his family with the funds that he desperately needed to support them and his drug habit.

[48] Before he was arrested again in 2018, he returned to a life of trafficking in and abusing narcotics. Mr. Garlow's apathy towards the impact of trafficking in drugs on other users must be understood in reference to his background which is fulsomely detailed in the 2025 Gladue Report. He learned how to survive from his father who was a broken man.

[49] Mr. Garlow began heavily abusing fentanyl. He sent his son to live with his partner's mother to protect him from being exposed to their life choices. He was estranged from his father, but he maintained a relationship with his sister Robyn and her son Gage. Robyn was also addicted to drugs. She struggled with various mental health issues.

[50] In 2017, Jesse Garlow was the victim of a home invasion during which he was pistol whipped and the gun was fired. Within days, the police raided his home and located a considerable quantity of drugs. This time, his lawyer did not ask for an updated report. Mr. Garlow was convicted and sentenced as follows:

October 18, 2018, Jesse was sentenced to 978 days for possession of a Schedule I substance for purpose of trafficking (x2) and possessing the proceeds of property obtained by crime over $5,000, as a result of being found with an ounce of cocaine, 3.5 grams of fentanyl and $19,000 cash.

[51] Two days after Mr. Garlow was sentenced to his first penitentiary sentence, his sister Robyn was shot and killed by the police during a mental health crisis. A coroner's inquest investigated the circumstances of her death.

[52] Before his sister was shot, their father called the police for help because he was concerned that she was going to hurt herself. Instead, she was killed by the responding officers in his presence. The amount of guilt that his father must have felt over her death is unfathomable.

[53] Gary Garlow disappeared shortly after this terrible loss. Other than one sighting and a phone call, Jesse Garlow has not heard from his father for years. Jesse was incarcerated so he was not able to attend his sister's funeral. He lost his sister and his dad while he was in jail.

[54] While in custody, he completed more programming for Indigenous offenders:

called the Indigenous Integrated Correctional Program Model. This program is an Indigenous variation of the mainstream program offered in federal prisons; it helps participants understand the problems in their life and incorporates traditional healing, teachings and guidance from an Elder.

[55] He excelled in the program. He also learned trade skills in the institution. Following his release from custody, he went to back to school and secured a good job. He explained that he:

recognizes the pattern in his record, that he tries to earn an honest living but becomes frustrated with financial obligations and struggles with addictions, and often reverts back to drug trafficking.

[56] Once again, Jesse Garlow was able to stay out of trouble for years. Eventually, he became overwhelmed with mounting financial obligations and the stress of working so much but not getting ahead. By 2024, Jesse felt a "crushing feeling of loneliness" because most of his family is either dead or missing.

[57] He started gambling to make up the difference in their household expenses and abusing drugs to cope with his deteriorating mental health. He was on medical leave from his employment. He sunk into a deep depression and experienced anxiety. The author of the Gladue report explained that:

A person with a combination of co-occurring mental health and substance use disorders has what is termed a concurrent disorder. Aboriginal people have been identified as a population that requires priority attention when planning concurrent disorder services due to concern over the prevalence of mental health, suicide and physical disorders among the Aboriginal population.

Having a mental health problem increases the risk of having a substance use problem, and having a substance use problem increases the risk of having a mental health problem. The difficulty separating the two to obtain a diagnosis is compounded because of the overlap of symptoms between mental health and substance use disorders.

[58] Despite all these challenges, for the first time in his adult life, Jesse Garlow reported that he did not resort to trafficking to support himself. He was struggling to improve his mental health when he was charged with these offences. He explained that he was invited by a friend to a cabin to shoot for sport. He was carrying the weapon in his vehicle. He emphasized that:

I admit, I was in the wrong. I was in the possession of a firearm when I have a s.109, and I shouldn't have been. Hands down – I was in the wrong.

I'd like her (Her Honour) to know - I hate guns. I almost lost my life to a gun. My sister lost her life to a gun. I've lost a good friend to a gun.

And that gun was there because we had went up north and were just playing around. It was brought as something to do for fun. If I knew it was being brought, I would have rejected the whole idea. I didn't even think about it. I just left it in the car, thinking, 'Okay, tomorrow or the next day, I'll drop it off.'

[59] Mr. Garlow vehemently denies that he possessed the gun for any nefarious purposes. This assertion is difficult to reconcile with the other items recovered from his vehicle and the nature of this firearm was not an amusing toy. It was modified to cause maximum harm. Nevertheless, the crown is required to prove any aggravating fact beyond a reasonable doubt: section 724(1)(e) of the Criminal Code.

[60] The crown did not request a Gardiner hearing to dispute this issue even though the Gladue report detailed Mr. Garlow's denials of trafficking in drugs and his explanation for his possession of the gun. This report was available more than a month ago, before the last appearance, in September. Rather, the crown urged the court to consider these are unsworn, self-serving and implausible claims that have been untested by cross-examination. Accordingly, she submitted that Mr. Garlow's statements should be given little, if any, weight.

[61] I have considered the following facts:

1. The interior of the vehicle was messy and had other miscellaneous items.

2. Although he has convictions for assault police and a robbery, Mr. Garlow has no prior convictions for any weapons offences. Considering the length of his sentence for the robbery, it is inconceivable that it involved the use of a firearm. I am not aware of any conviction that involved the use of or possession of a firearm.

3. Mr. Garlow had a crack pipe in his lap because he is an addict. The amount of crack was for personal use.

4. I take judicial notice that it is not unusual for addicts to have scales to ensure they are not being shorted by their dealers. The scale was small enough to fit in his wallet. The police did not recover any other