Pubdate: Sat, 17 Jun 2000 Source: Winnipeg Free Press (CN MB) Copyright: 2000 Winnipeg Free Press Contact: 1355 Mountain Avenue, Winnipeg Manitoba R2X 3B6 Fax: (204) 697-7288 Feedback: http://www.winnipegfreepress.com/letters_to_editor/index.html Website: http://www.winnipegfreepress.com/ Author: Mike McIntyre PLEAD GUILTY, GET OUT OF JAIL Alleged Warrior's Sentence 1 Yearon Paper, 4 Days In Fact A federal law designed to speed non-violent offenders through the justice system has put an alleged manitoba warriors gang member back on the street after serving only four days of a one-year cocaine trafficking sentence. Trevor Boubard took advantage of the complex Corrections Canada Release Act to obtain his "get out of jail free" card earlier this month, prompting anger and bewilderment among police, politicians and justice officials. He was one of 35 accused involved in the largest prosecution of organized crime in Canadian history as new federal legislation is put to the test. Since June 5, Boubard has been a free man. "Welcome to the nightmare. This is the kind of thing that leaves us shaking our heads," a disgusted Winnipeg police officer, who worked on the Warriors investigation, said yesterday. Canadian Alliance MP Howard Hilstrom was left scratching his head after learning Boubard was no longer behind bars. "This is another little bit of disrespect the public will have for the justice system, when a person can avoid paying a penalty for a criminal act he did," said Hilstrom, a former RCMP officer. "I am very concerned that he is convicted for trafficking but he doesn't have to serve any real time. On paper, he did, but in actual fact he didn't." Even the judge who sentenced Boubard on June 1 appeared to have no idea the drug dealer would be released four days later. "I understand your baby girl will have her second birthday in December. With any luck at all, you'll be able to be out to celebrate that with her," Queen's Bench Justice Jeffrey Oliphant told Boubard at the time. During Boubard's sentencing hearing, Crown attorney Bob Morrison noted the one-year jail term is on top of time already spent in custody that Boubard was given credit for. Morrison and defence lawyer Stan Nozick had agreed to the length of sentence, and Oliphant simply endorsed their recommendation. Corrections Canada immediately took the one-year term and lumped it together with a two-year drug sentence Boubard received on June 8, 1998. The policy of combining new sentences with old ones that have yet to expire is mandated by federal legislation in an attempt to move offenders more quickly through the prisons. Because the total jail time amounted to three years, Boubard was eligible to be released immediately, since statutory release kicks in after serving two-thirds of a sentence. There was no choice but to set him free. If Boubard had waited to plead guilty beyond June 8, his previous jail sentence would have expired and the new, one-year sentence would have stood alone. As a result, he would have had to serve a minimum of four months before he could be eligible for parole. Nozick said yesterday there is no reason to be alarmed. He said he believes his client has "a real prospect for rehabilitation" and simply took advantage of the way the justice system is structured. Nozick said his client didn't get away without punishment, as he spent the last 18 months sitting in custody awaiting trial when he otherwise would have been paroled on the previous drug conviction. He said Boubard would not have pleaded guilty had the Crown not agreed to drop more serious charges against him, including participating in a criminal organization and conspiracy to traffic cocaine. The Crown has refused to discuss its reasons for dropping the criminal organization charge against Boubard and most of the other 21 accused who have pleaded guilty. Thirteen alleged street-gang members remain before the courts in a trial that is expected to last up to a year longer. The issue of Boubard's release may be a hot topic today as members of the National Parole Board are in Winnipeg for a public forum. Until 5 p.m., members of the public are being asked to participate in discussions about parole at the Holiday Inn Airport West. How parole rules slashed time in jail - ---------------------- Here is the chronology of events surrounding Trevor Boubard: April 7, 1998 - Boubard sells two flaps of cocaine to an undercover Winnipeg police officer. He is not arrested because police are gathering evidence in their ongoing "Northern Snow" investigation. May 12, 1998 - Boubard is pulled over in a vehicle by police and found to be in possession of cocaine. He is arrested and charged. June 8, 1998 - Boubard pleads guilty to the drug possession charge and is sentenced to two years in prison. Nov. 4, 1998 - Boubard and 34 others are charged with numerous drug, weapons and conspiracy charges as police conclude Operation Northern Snow. Dec. 8, 1998 - Boubard is granted day parole on the drug possession sentence by the National Parole Board. However, he is transferred to the Winnipeg Remand Centre and remains in custody on the Northern Snow charges after bail is denied. June 1, 2000 - Boubard pleads guilty to seling cocaine to the undercover police officer in April 1998. More serious charges are stayed by the Crown, including participating in a criminal organization and conspiracy to traffic cocaine. Boubard is given a one-year jail sentence, in addition to the nearly 18 months he has already spent in custody since day parole was granted on his previous conviction. In total, his new sentence amounts to about four years when pre-trial custody is factored in. (The courts treat it as double time, so 18 months equals three years.) June 5, 2000 - Boubard becomes eligible for statutory release because Corrections Canada adds his new one-year sentence to the two-year sentence he received June 8, 1998. Based on their calculation of time in custody, Boubard has served two-thirds of his combined sentence. He is set free after spending only four days in custody on his latest conviction. - --- MAP posted-by: greg