N.S. judge says aboriginal man must be jailed for gun crime, despite background

HALIFAX – An aboriginal man who sought a conditional sentence for several gun convictions has been instead jailed by a judge who said the man’s crimes outweighed considerations about his background.

Stephen James Power, 24, was convicted of gun possession charges after police found an SKS rifle, a .303 rifle and ammunition in the home he shared with his grandparents on the Millbrook Reserve in Sheet Harbour, N.S.

Justice James Chipman this week sentenced Power to eight months in jail, even as he made it clear he was “mindful of the unique systemic and background factors which have played a part” in bringing Power before the Nova Scotia Supreme Court.

“It is apparent that Mr. Power has had a difficult upbringing,” Chipman said. “At age 16, he lost his father. He has suffered racism in school and in the community, on account of his aboriginal status.”

Power had planned to go hunting on the day of the police raid, Dec. 3, 2014. The guns were not restricted, but Power had no licence.

He had been under a firearms prohibition because of an earlier weapons offence, but had been granted an exemption for hunting. He claimed he thought the exemption amounted to a licence.

His lawyer, Peter Kidston, argued for the conditional sentence, noting no violence was involved.

Chipman noted Power’s many issues, including substance abuse, racism, domestic violence and lack of employment opportunities, but said a jail term was necessary.

“When I consider the totality of the convictions coupled with all of the sentencing considerations … I cannot agree with the defence submission that a conditional sentence is in order here.”

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