The failure of a judge to consider the Indigenous background of a man convicted of firearm and drug offences in Prince George has resulted in the offender getting no jail time following his appeal of the sentence.
On Oct. 8, 2018, Robert Michael Mero, who has Métis heritage, was convicted of possession of a loaded, restricted firearm and possession of heroin for the purpose of trafficking.
Police had seized a number of items when they searched Mero’s home in Prince George in 2016. Those items included a .38-calibre pistol, ammunition, 23 grams of heroin and a bulletproof vest.
B.C. Supreme Court Justice Joel Groves sentenced Mero to 40 months in jail.
During the trial, Mero’s lawyer suggested he might seek an adjournment to obtain a report on Mero’s Indigenous background, a so-called Gladue report that is frequently provided in criminal cases. But the sentencing hearing proceeded without one.
Neither Crown counsel nor the judge addressed Mero’s Indigenous background, how that may have played a role in his offending or what alternative sentencing processes or sanctions might be appropriate for him, B.C. Court of Appeal Justice Len Marchand said in written reasons released Monday.
Once Gladue was raised as an issue, the judge had an “important statutory duty” to consider the Indigenous factors of the accused and the failure to do so was an error in principle justifying the intervention of the province’s highest court, Marchand said.
For the appeal, a Gladue report on Mero was prepared that contained general information about the Métis Nation and identified a number of Gladue factors commonly affecting Métis people. The factors include the intergenerational impacts of colonialism and displacement, the racism and systemic discrimination against Indigenous peoples, the forced attendance at Indian Residential Schools and the overrepresentation of Indigenous people in jails.
“Consistent with the experience of a disproportionate number of Indigenous people in Canada, Mr. Mero’s childhood was traumatic, he was unable to complete school, his life was marred with addictions, and he came into conflict with the law,” said Marchand.
“In short, there is an evidentiary basis to conclude that Mr. Mero’s Métis heritage reduces his moral blameworthiness below the level the judge discerned based on incomplete information.”
Instead of jail time, Mero received a conditional sentence of two years less a day to be served in the community for the firearms offence. The first year is to be under house arrest followed by a curfew during the remainder of the sentence.
The drug offence gets him a suspended sentence with 12 months probation.
Appeal Court justices Mary Saunders and Justice Bruce Butler agreed with Marchand.
