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Free Pass For Being Aboriginal

October 17th, 2008 Posted in activists

Totems - Campbell River (161)
Creative Commons License photo credit: kk

The Vancouver Sun has this interesting story today:

A Vancouver man caught shipping 11 kilograms of cocaine to Montreal got only 40 months in prison – because he was an aboriginal offender.

Man was ‘raised white,’ but judge says he identifies as first nation and deserves a break.

The judge noted that Isaac Richard Jenkins, 28, was born and raised in Louisiana but his mother was native and the drug dealer “only recently displayed interest in that part of his culture.”

“The pre-sentence report states that Mr. Jenkins identifies as aboriginal, although he was ‘raised white’ in Louisiana,” Provincial Court Judge Joseph Galati said in his written judgment.

Galati added: “Taking this into account, I have concluded that Jenkins should receive a somewhat lesser sentence than would a non-aboriginal offender, but not a significantly lesser sentence.”

The Crown had sought a sentence of between four and eight years, arguing there was no reason to justify a lesser consequence for Jenkins.

Interesting notes:

1) Section 718.2 of the Criminal Code requires that in sentencing, “all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.”

16 per cent of all sentenced prisoners were aboriginal, but aboriginals make up only 3.7 per cent of Canada’s population.

2) Jenkins pleaded guilty to possession of cocaine for the purpose of trafficking. He was caught with 11 kilograms of cocaine in two suitcases as he checked in at Vancouver International Airport for a flight to Montreal.

His partner – Danielle Ledesma – pleaded guilty to possession of cocaine for the purpose of trafficking in relation to two seizures. She was sentenced to 10 years in prison.

3X the sentence… for being white? Or female?

One Response to “Free Pass For Being Aboriginal”

  1. cappuccino Says:

    Its like you read my mind! You appear to know so much about this, like you wrote the book in it or something. I think that you could do with some pics to drive the message home a little bit, but other than that, this is great blog. A great read. I’ll certainly be back.


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