An Ontario judge has reduced the sentence for a Brampton man convicted of cocaine trafficking, citing his ongoing six-year prison term for fentanyl and firearm offences and the likelihood that he will be deported after completing his sentence.Roosevelt Rush, 32, was sentenced to 12 months in custody after pleading guilty to possessing 55 grams of cocaine for the purpose of trafficking. Police tracked Rush, who was wearing a GPS monitor, to Belleville in December 2022, where he was arrested while on bail awaiting sentencing for his previous convictions..Justice Robert Horton of the Ontario Court of Justice said the offence was serious and would typically merit a two-year sentence.“This offence is significant, and his moral culpability is high,” Horton wrote in his decision, dated Oct. 3. “I would have otherwise sentenced Mr. Rush to such a sentence but for the fact he is serving a significant penitentiary sentence of six years and the mitigating circumstances outlined.”Those mitigating factors included Rush’s guilty plea, his expression of remorse, his young age, his race, and the likelihood of deportation. Rush, a permanent resident originally from Jamaica, moved to Canada at age 19 and has three children..The judge noted that under Canada’s Immigration and Refugee Protection Act, non-citizens sentenced to more than six months in prison may be deemed inadmissible and face deportation.Horton cited an Impact of Race and Cultural Assessment that described how systemic discrimination had shaped Rush’s opportunities and involvement with the criminal justice system. The report also highlighted his family’s strong support and his role as a father and provider.“The social context evidence supports that Mr. Rush’s life choices and opportunities have been informed by systemic discrimination,” Horton wrote. “He has significant family support… those that love him are many and strongly speak to his kindness, his devotion to his children and his strong work ethic.”.The Crown sought a two-year sentence, while the defence requested six months minus a day. Horton settled on one year, emphasizing the need to balance deterrence with prospects for rehabilitation.Rush’s background, the decision said, included a difficult upbringing in Jamaica marked by exposure to violence and the loss of several friends and relatives to crime. After immigrating to Canada, he worked in various jobs including as a forklift operator and delivery driver, but struggled to maintain steady employment following a back injury during the COVID-19 pandemic..Horton described Rush as a “mid-level trafficker” who sold cocaine for financial gain, not addiction.“There is no disputing cocaine is an extremely dangerous and insidious drug,” the judge said, but added there was “a reasonable prospect” for Rush’s rehabilitation.The decision concluded that Rush’s experiences of discrimination and limited opportunities “certainly played a role in his criminality,” though his actions remain
