Digest: R v Gariepy, 2018 SKPC 48

DateAugust 18, 2019

Reported as: 2018 SKPC 48

Docket Number: 991046160|991015940|991011859|991047707|991029884 , PC17138

Court: Provincial Court

Date: 2019-08-18

Judges:

  • Kovatch

Subjects:

  • Criminal Law � Controlled Drugs and Substances Act � Possession for the Purpose of Trafficking � Cocaine � Sentencing
  • Criminal Law � Sentencing � Aboriginal Offender

Digest: The accused pled guilty to one charge laid in May 2017 of possession of cocaine for the purpose of trafficking and other charges, laid in June 2017, for possession of cocaine for the purpose of trafficking and possession of crystal meth. Other charges included breaches of undertaking, breach of curfew, failing to participate in drug treatment, and failure to appear. His total time spent on remand was 241 days. A Pre-Sentence Report was prepared, describing the accused and his father as Aboriginal and members of the Ahtahkakoop Cree Nation and his mother as Caucasian. As he looked Aboriginal, the accused suffered from racial taunts and assaults. His father attended residential school. After his mother left his father, she began a long and abusive relationship with another man at whose hands the accused suffered terrible physical and emotional injury. When he was 10 years of age, the accused�s mother escaped the relationship and became involved with another man who treated the accused well and the accused considered him to be his father. Unfortunately, this man committed suicide in 2015. The accused had used drugs and alcohol as a teenager but it was only after his father�s suicide that the accused began drinking heavily and using crystal meth. His relationship with this wife of 15 years and their four children began to deteriorate. Social Services required the accused to leave the home and his wife then committed suicide in January 2017. His children were placed in foster care with his mother. The accused began using crystal meth daily and started selling drugs to support his habit and later to acquire enough money to reestablish his residence so that his children could be returned to him. In 2017, following his arrest on these charges, the accused applied for admission to the Moose Jaw Drug Treatment Court (DTC). He was released in October 2017 on DTC conditions. In November he was re-arrested and remanded to January 2018. On January 3, he was released for detox and treatment. He completed treatment in February and was making progress. He failed to appear in court in April...

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