THUNDER BAY — A man who pleaded guilty to possession of cocaine for the purpose of trafficking has received a conditional sentence that keeps him out of jail and improves his chances of remaining in Canada.
In October 2021, Thunder Bay Police reported they had responded to a report of a disturbance and had discovered what they described as an ongoing home takeover situation at a Leland Avenue apartment.
Two Toronto men were arrested on various charges, including a 33-year-old who was born and raised in Jamaica and is not a Canadian citizen.
Mark Buckley became a permanent resident after moving to Canada in 2007.
During sentencing submissions, his lawyer submitted there were numerous mitigating factors for the court to consider in sentencing, including that:
- he is relatively youthful
- he has no prior criminal record
- he expressed genuine remorse in a letter to the court
- he had a difficult upbringing, was abandoned by his mother, grew up in poverty, and lost his three brothers to gun violence in Jamaica
- he had significant setbacks that propelled him to crime, including the death of his business partner as a bystander in a drive-by shooting, and an injury sustained in a car crash
The lawyer told the court her client has taken significant steps to rehabilitation since his arrest, such as returning to work and enroling in college, and is supporting multiple family members.
She said he's complied with his bail conditions for three years, and noted that if he were incarcerated, he would lose his right to appeal any deportation order.
For its part, the Crown recommended a prison term of two years, noting that the drug trafficking was in conjunction with a home takeover, and submitting that incarceration was required as a deterrence to others.
The Superior Court justice who heard the case agreed the home takeover was "a very aggravating circumstance" and observed that the impact of the drug trade on the community has been clearly established in other cases.
"But for the immigration consequences in this case, I would have imposed a sentence of incarceration to denounce and deter this conduct," he wrote in his decision, released last month.
However, he gave weight to rehabilitation, and said he's satisfied the threat of deportation will deter Buckley from further criminal activity.
The judge handed down a conditional sentence of two years less a day, followed by two years of probation.
In the first eight months, it requires him to stay at home except to go to work, go to school, pick up his children for school, go to medical appointments and do three hours of shopping on the weekend.
In months nine to sixteen of his conditional sentence, he must remain at his residence from 11 p.m. to 6 a.m. daily except for medical emergencies or travelling to and from work.
The court also ordered a mandated weapons prohibition and a DNA sample.
