Ontario Judge Reduces Cocaine Trafficking Sentence for Jamaican

An Ontario judge has halved the prison sentence for Roosevelt Rush, a 32-year-old Jamaican man facing deportation after being convicted of cocaine trafficking. This decision comes as Rush is already serving a six-year sentence in Canada for fentanyl trafficking and gun-related offenses. The ruling was issued by the Ontario Court of Justice and dated October 3, 2023.

The court heard that Rush was apprehended with 55 grams of cocaine in Belleville while on bail. At the time, he was wearing a GPS monitoring device following his earlier release. Justice Robert Horton noted in his decision that although the moral culpability for cocaine trafficking is high, mitigating factors justified a reduced sentence.

In his ruling, Justice Horton stated, “This offence is significant, and his moral culpability is high. A proportionate sentence on these considerations alone would warrant a penitentiary sentence of 24 months.” Nevertheless, he opted to sentence Rush to 12 months of custody instead.

The judge considered several mitigating factors, including Rush’s guilty plea and a “sincere level of remorse.” His age, race, and the likelihood of deportation also influenced the decision. The ruling highlighted systemic discrimination affecting Rush’s life choices, particularly as a young Black man. Justice Horton emphasized the importance of examining social context, noting that Rush has significant family support and is a devoted father of three.

The ruling also reflects the legal implications of the Immigration and Refugee Protection Act, which states that a permanent resident or foreign national becomes inadmissible if sentenced to more than six months in jail. Justice Horton remarked, “Mr. Rush is not a Canadian citizen and he is likely to be deported as a result of these offences. This is a significant collateral consequence.”

The Crown had recommended a two-year sentence, while Rush’s lawyer argued for a sentence of less than six months. Justice Horton acknowledged 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.”

As part of his ruling, the judge underscored the need to consider rehabilitation prospects. Rush, who moved to Canada at the age of 19, has faced numerous hardships. He grew up in an environment plagued by violence, witnessing traumatic events that shaped his life. The court noted that he had worked as a forklift operator and later drove for Uber before falling into criminal activities due to financial pressures.

Justice Horton described Rush as a mid-level trafficker who engaged in these activities primarily for financial gain rather than addiction. He acknowledged the systemic barriers faced by Black men in Canada, stating, “Men of African descent are five times more likely to be incarcerated than their white counterparts.”

The judge concluded that there is a “reasonable prospect” for Rush’s rehabilitation, reflecting a broader understanding of the societal challenges that contribute to criminal behaviour. As Rush awaits the next steps in his legal journey, the implications of this case resonate within discussions on race, justice, and the complexities of immigration laws in Canada.