CHARLOTTETOWN, P.E.I. - An 18-year-old man who told police he was selling marijuana to students at a Charlottetown high school while he was enrolled there will be back in court next month for sentencing.
Nicholas George Nash McInnis appeared before Chief Judge Nancy Orr in provincial court in Charlottetown recently where he was supposed to be sentenced on a charge of possessing marijuana for the purpose of trafficking.
Instead, Orr did not accept a joint recommendation that would have seen him get probation with no jail time.
The court heard McInnis was a student at Charlottetown Rural High School in September when a police officer who worked out of the building got information he had marijuana.
McInnis emptied his pockets, which held a total of 15 grams of marijuana in several plastic baggies.
He also had $164 in cash.
McInnis told the police he was selling marijuana to about six students.
A Gladue report, which is a specialized type of pre-sentence report for Aboriginal offenders, was prepared for McInnis whose parents were Cree.
That report said McInnis was taken from his parents into care at birth and he later became involved in gangs while living in Manitoba.
Federal Crown attorney Chera-Lee Gomez said at the heart of the recommended sentence were the principles of rehabilitation and instilling a sense of responsibility in McInnis.
Gomez said recommendations in the Gladue report included McInnis taking part in a healing circle and meeting with an elder to learn about native culture.
The joint sentence would also include a weapons prohibition.
After hearing the joint recommendation, Orr referred to a case involving a 19-year-old man who was arrested in 2015 after he sold drugs to Bluefield High School students at the school.
Alan Dane Godfrey was sentenced to six months in jail for possessing marijuana for the purpose of trafficking.
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In her submissions, defence lawyer Yolande Murphy said McInnis was co-operative and admitted right away he had drugs on him.
It was on the lower end of those types of cases, Murphy said.
Orr said the difference was McInnis was at a school.
“That’s considered to be one of the most aggravating factors you can have,” Orr said.
Murphy responded that McInnis was a student at the school at the time, while in Godfrey’s case he didn’t attend Bluefield.
Orr said she wasn’t sure that made it better.
“I think that probably makes it worse.”
After hearing the submissions, Orr said she didn’t believe the joint recommendation was in line with the principals of sentencing she was required to follow.
Orr adjourned the matter to Feb. 6 to give the Crown and defence a chance to make further submissions.
