The accused, Gilbert Anishnabie, pleaded guilty to possession for the purpose of trafficking fentanyl and cocaine.
The sentencing hearing was delayed due to the COVID-19 pandemic and the accused's participation in a residential treatment program.
The court considered Gladue factors, a sentencing circle, and the accused's personal circumstances, including his Indigenous background, learning disability, and efforts towards rehabilitation.
Despite the Crown seeking a 4-year penitentiary sentence, the defence sought a conditional sentence.
The court found the facts distinguishable from other fentanyl trafficking cases, noting the offender's lack of knowledge regarding fentanyl and his low degree of responsibility.
A conditional sentence of two years less one day, followed by two years probation, was imposed, emphasizing rehabilitation, denunciation, and deterrence, and addressing the systemic over-incarceration of Aboriginal people.
