What started out as a sentencing hearing for a woman charged with drug trafficking ended with one of Sudbury?s veteran judges admonishing society for the damage done to Native people at residential schools.
Justice John Poupore of the Ontario Superior Court of Justice is one of two judges recently appointed by the province to deal with cases where the offenders attended residential schools and suffered abuse.
After reading the information provided to him about Madeleine McNichol, Poupore said the woman has suffered abuse from many people throughout her life but managed to ?rise above it? and lead a quality life, despite drug charges before her.
Poupore said in all the circumstances of this case, ?only the minimum? possible sentence would be appropriate. He ordered McNichol to a probationary period of one year, where she?s to access any counselling as might be recommended by her probation officer.
McNichol, 51, who had never been in trouble with the law before, pleaded guilty to selling small amounts of cannabis to an undercover officer on two occasions.
The total amount of the drugs turned over to the officer was $250, court heard.
On one occasion in late 2001, McNichol sold two five-gram vials of hash oil to the officer. Two months later she sold about 13 grams of marijuana to the same officer.
Court heard McNichol was told the drugs she sold would be used to help ease the physical pain of someone suffering from a serious medical
condition.
Defence counsel Michael Barnett said while McNichol never attended a residential school, the ramifications of living in a community where many members of her extended family were taken away and abused at the schools has resulted in much pain and suffering in her life.
Despite her difficult life, McNichol ?is a very giving person? who helped her daughter recover from a serious attack and is much-loved by her family and friends, said Barnett.
She has already spent one month in pre-trial custody after bail was denied following her arrest last May, said Barnett.
Federal Crown prosecutor Denis Bradley said jail is almost always imposed in cases where drug trafficking is involved, even if there are small amounts and soft drugs are being peddled, he said.
The courts must send a clear message a jail sentence will be price you pay if caught trafficking drugs on two separate occasions, said Bradley.
He asked for another 30 days in jail for McNichol in addition to the time she has already spent behind bars.
McNichol told the court she was ?very sorry? for what she did and would never get into trouble again. ?I?ve learned a very big lesson,? she said, wiping away tears.
After hearing all submissions, Poupore told the court how impressed he was with McNichol for leading such a productive life despite all the horrendous abuse she?s witnessed throughout her life.
Poupore did not divulge any details about the abuse McNichol suffered, but did hint those who had abused her had been scarred by experiences at residential schools.
He has spent a lot of time travelling to various First Nations communities and has seen first-hand the ramifications of abuse suffered by many Aboriginal people who were taken from their homes and abused at residential schools, said Poupore.
The victims not only suffered horrendously, but so did their families and loved ones, he said.
?We have seen the results of the problems this lady has suffered through most of her life,? he said.
The courts can?t condone drug trafficking and these are serious charges, but judges must look at all the circumstances of every case before imposing just and fair sanctions, said Poupore.
This case didn?t involve children or any threats of violence and this woman obviously believed the drugs would be used to ease pain and suffering, he said.
?In this courtroom, to impose jail would just add to the burden society has piled on this woman,? he said. ?I?m confident this lady will not reoffend.?
Only recently have our leaders decided to do something about the consequences of residential school abuse, and it?s about time, said Poupore.
All members of society who allowed this longstanding systemic abuse to happen and continue for years are to blame for many of the problems, including criminal behaviour, being experienced by many Aboriginals today, said Poupore. ?It?s hoped this lady will now be able to access facilities
provided by the province...so she can better deal with her problems,? he said.
