An Ontario court has ruled that more than 500 days in harsh pre-trial custody was sufficient punishment for a Mohawk man found driving in Peterborough with a crack pipe, a modified rifle described as a "killing machine," and a flamethrower.
Judge's Landmark Ruling on Sentencing
Justice Brenda Green of the Ontario Court of Justice recently handed Jesse Garlow a suspended sentence and three years of probation, emphasizing that systemic factors significantly affected his degree of responsibility. The judge stated that a sentence reduction does not indicate a judge is being "soft on crime," but rather represents the court's obligation to address institutionalized abuse.
Garlow, a convicted drug trafficker under a firearms prohibition, had been in custody since June 7, 2024. Police initially pulled over the Peterborough resident because his vehicle was weaving. During the traffic stop, officers discovered the loaded, prohibited firearm in the back seat and a flamethrower in the trunk.
Weapon Described as Instrument of Terror
In her November 4 decision, Justice Green described the rifle's "frightening appearance," noting the weapon was "obviously not intended for hunting anything other than human beings" and was designed to "maim and/or kill in a spray of bullets." She wrote that simply brandishing the firearm would cause "sheer terror."
The Crown prosecutor had recommended Garlow receive 3.5 years in prison, arguing that possession of such a firearm was "antithetical to the norms and values of Canadians" and that a strong deterrent message needed to be sent to like-minded individuals.
Gladue Principles and Intergenerational Trauma
Garlow's defence successfully advocated for time served, pointing to his expressed remorse and rehabilitation potential with Indigenous support resources. The court considered Gladue principles, established by the Supreme Court of Canada a quarter century ago, which require sentencing judges to consider the unique circumstances of Indigenous offenders.
Justice Green determined that Garlow personifies intergenerational trauma, writing that she "cannot imagine more sympathetic circumstances or mitigating factors that cry out for some compassion." She concluded that further incarceration "for the sake of the common good would be unjust."
When arrested, Garlow had nearly $5,000 in cash and a small scale in his possession, though he denied involvement in drug trafficking and claimed the money came from gambling. The man in his early 40s pleaded guilty to possessing a loaded prohibited firearm while under court orders prohibiting him from possessing such items.
