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A young Aboriginal first offender received a conditional sentence for trafficking fentanyl due to exceptional rehabilitative prospects and lack of knowledge of the substance.
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.
