A Mohawk man has received a sentence of time served after spending over 500 days in pre-trial custody. Jesse Garlow was arrested in Peterborough while driving with a loaded rifle, a crack pipe, and a flamethrower in his vehicle. The Ontario Court of Justice ruled that his time in custody was sufficient punishment for his actions.

Garlow, a convicted drug trafficker, was under a firearms prohibition when he was stopped by police on June 7, 2024. Officers noticed his vehicle weaving on the road. Justice Brenda Green, who presided over the case, acknowledged the systemic issues affecting Garlow's life, stating, "Mr. Garlow is the personification of intergenerational trauma. I cannot imagine more sympathetic circumstances or mitigating factors that cry out for some compassion."

In her decision, dated November 4, Justice Green described the rifle as having a "frightening appearance" and noted that it was not intended for hunting. She emphasized that the weapon was designed to cause harm, saying, "This gun is obviously not intended for hunting anything other than human beings. It is designed to maim and/or kill in a spray of bullets. Simply brandishing it would cause sheer terror."

The prosecution had recommended a sentence of 3.5 years in prison, highlighting the seriousness of Garlow's actions. The prosecutor stated, "This firearm was designed for one purpose, as a killing machine. Its possession is antithetical to the norms and values of Canadians. A strong message must be sent to deter like-minded individuals from carrying a loaded firearm by meting out a significant punishment."

Garlow's defense attorney argued for time served, citing Garlow's remorse and potential for rehabilitation, particularly with support for Indigenous individuals. Garlow, in his early 40s, pleaded guilty to possessing a loaded prohibited firearm, which violated court orders against such possession. At the time of his arrest, he had nearly $5,000 in cash, which he claimed was from gambling.

During the proceedings, Garlow denied trafficking in narcotics and insisted he did not intend to use the firearm for criminal purposes. The court considered Gladue principles, which require judges to take into account the unique circumstances of Indigenous offenders and the impact of systemic issues, including the legacy of residential schools.

Justice Green remarked on the tragic nature of Garlow's background, linking his criminal record to his experiences as an Indigenous person. She noted the harsh conditions he faced while detained at the Central East Correctional Centre, where he experienced emotional and psychological distress. "Mr. Garlow’s stay at Central East Correctional Centre has been tortuous for him emotionally, psychologically and physically," she stated.

Garlow's life has been marked by significant trauma, including the loss of family members and struggles with substance abuse. Justice Green highlighted the impact of colonialism and intergenerational trauma on Garlow's life, stating, "I cannot imagine a case with a more shocking example of the detrimental impact of colonialism, intergenerational trauma and the attempted cultural genocide."

After serving 516 days in custody, Garlow was sentenced to a suspended sentence and three years of probation. Justice Green clarified that the reduction in his sentence was not a leniency towards crime but a necessary response to the institutionalized abuse he faced while incarcerated. "It is our obligation as the gatekeepers of justice to address, redress and hopefully ameliorate institutionalized abuse," she concluded.