An Ontario judge has ruled that a Mohawk man apprehended with what she described as a “killing machine” rifle should not face more jail time, citing 516 days in pre-trial custody and the intergenerational trauma that has shaped his life.Jesse Garlow — a convicted drug trafficker who was under a firearms prohibition — had been in custody since June 7, 2024, when he was sentenced.The National Post reported that Peterborough police had initially pulled him over because the car he was driving was weaving.They found the 40-year-old Garlow with a crack pipe in his lap, the “killing machine” rifle in the backseat, and a flamethrower in the trunk of the vehicle.The court heard Garlow also had a small scale and nearly $5,000 in cash, which he insisted came from gambling.Justice Brenda Green of the Ontario Court of Justice delivered her decision on Nov. 4, handing Garlow a suspended sentence and three years of probation.Green described the weapon in question’s appearance as “frightening” and “obviously not intended for hunting anything other than human beings,” but decided that further imprisonment would not serve justice.“I have determined that systemic and background factors have affected the degree of responsibility of this offender,” Green wrote.“Mr. Garlow is the personification of intergenerational trauma. I cannot imagine more sympathetic circumstances or mitigating factors that cry out for some compassion. Punishing him with a further period of incarceration for the sake of the common good would be unjust.”.Manitoba man has sentence reduced because of his indigenous heritage.The prosecutor had originally recommended Garlow receive three-and-a-half years in prison.“The Crown emphasized that Mr. Garlow was carrying a loaded firearm in a vehicle in public in suspicious circumstances, along with a flamethrower and crowbars. This firearm was designed for one purpose: as a killing machine. Its possession is antithetical to the norms and values of Canadians,” the decision said.“A strong message must be sent to deter like-minded individuals from carrying a loaded firearm by meting out a significant punishment.”Garlow’s defence lawyer urged the judge to consider his client’s remorse, difficult life history, and his potential for rehabilitation.He pleaded guilty to being in possession of a loaded prohibited, modified firearm, “and that his possession of this firearm was in contravention of court orders that prohibited him from possessing such items,” said the decision.Justice Green relied heavily on the Gladue report during sentencing, which outlines factors that contribute to the overrepresentation of indigenous people in Canada’s prisons.Green said that “to describe Mr. Garlow’s background as tragic would be an understatement.”The justice then went on to link his criminal record to intergenerational damage caused by residential schools and colonial policies.“There is an undeniable link between his criminal record and his experiences as an indigenous person,” Green said.“Both his grandfathers were murdered. His father suffered cultural alienation in the residential school system. Jesse was separated from a supportive and welcoming community as a direct result. His father was often absent, emotionally unavailable, abusive, and encouraged poor choices. His sister was killed by police while she was suffering a mental health crisis. His nephew died of an overdose. His father is missing.”.Indigenous activist takes feds to court over alleged lack of financial transparency in First Nations.Green said this family history formed a “clear, causal nexus” between his father’s experiences and his own spiral into addiction and crime.She also condemned the conditions of his detention at the Central East Correctional Centre, saying it had been “tortuous for him emotionally, psychologically and physically,” noting he had been subjected to “triple bunking for months at a time and frequent lockdowns at the facility.”“Despite a multitude of decisions, from every level of court in Ontario, decrying this abuse of vulnerable inmates, absolutely nothing has been done to alleviate this unjustifiable treatment of people at the mercy of the state,” Green said.“It is mind-boggling that a country that prides itself on its purported respect for human rights is turning a blind eye to these documented, undeniable, and inexcusable cruelties.”Green reiterated that the mitigation of Garlow’s sentence was not so much about leniency but an acknowledgment of systemic failure.“A sentence reduction is not a reflection of a judge being ‘soft on crime.’ It is our obligation as the gatekeepers of justice to address, redress, and hopefully ameliorate institutionalized abuse.”
