**Title: Judge Reduces Sentence for Jamaican Cocaine Trafficker**
An Ontario judge has halved the sentence for Roosevelt Rush, a 32-year-old Jamaican man, who is facing potential deportation. Rush is currently serving a six-year prison term in Canada for trafficking fentanyl and gun-related offenses. He was caught with 55 grams of cocaine after being released on bail in December 2022, prior to his sentencing for the earlier charges.
The Ontario Court of Justice learned that Rush was under GPS monitoring when he was tracked to Belleville, where police discovered the cocaine. Justice Robert Horton stated in his ruling that the offense was serious and warranted a 24-month sentence. However, he decided to impose a 12-month sentence due to Rush's existing six-year term and other mitigating factors.
The judge noted several considerations in his decision, including Rush's guilty plea, his expression of remorse, his young age, and the likelihood of his deportation. "The social context evidence in the form of an Impact of Race and Cultural Assessment supports that Mr. Rush’s life choices and opportunities have been informed by systemic discrimination as has his engagement in the criminal justice system as a young Black man," Horton said.
Rush, who is a father of three, has significant family support, which the judge acknowledged. "Those that love him are many and strongly speak to his kindness, his devotion to his children and his strong work ethic," Horton added.
Under the Immigration and Refugee Protection Act, a permanent resident or foreign national can be deemed inadmissible if sentenced to more than six months in jail. "Mr. Rush is not a Canadian citizen and he is likely to be deported as a result of these offenses. This is a significant collateral consequence," Horton wrote in his decision dated October 3.
The Crown had recommended a two-year sentence, while Rush's lawyer argued for a six-month term. The judge emphasized the dangers of cocaine, stating, "There is no disputing cocaine is an extremely dangerous and insidious drug with potential to cause a great deal of harm to individuals and to society."
Despite the seriousness of the crime, Horton highlighted the importance of considering rehabilitation prospects. Rush moved to Canada at age 19 and grew up in a neighborhood marked by violence and crime. He witnessed traumatic events, including the murder of family members and friends.
Rush had worked as a forklift operator until the COVID-19 pandemic affected his employment. He later drove for Uber and attempted to find other work but faced challenges. After injuring his back while delivering furniture, he struggled to maintain employment and turned to illegal activities to support his family.
The judge noted that Rush's experiences are closely tied to his identity as a Black man in Western society, where systemic obstacles often hinder success. He stated that Black men are disproportionately affected by incarceration rates and economic disparities. Horton characterized Rush as a mid-level trafficker who engaged in drug trafficking for financial gain rather than addiction.
The judge concluded that there is a reasonable prospect for Rush's rehabilitation, acknowledging the systemic and personal discrimination he has faced as a Black man.