Guilty of drug trafficking: should we send a new mother to prison?

A judge will have the delicate task of determining whether a new mother should be sent to detention for her involvement in a vast drug trafficking network, even if she has since gotten her act together.

• Read also: Pregnant and accused of drug trafficking: a baby doesn’t get you out of jail

“I saw in detention the repercussions on those who use, I was surrounded by people addicted to drugs, I felt bad about that,” said Marjorie Briand yesterday, begging for leniency from the court.

The 28-year-old woman, who has already pleaded guilty to serious charges of drug trafficking and possession for the purpose of trafficking, faces a lengthy prison sentence. The Crown believes a sentence of at least four years should be imposed.

But as the mother of a child barely a year old, she hopes to be able to serve her sentence at home.

The woman was arrested in August 2022 during the dismantling of a criminal network smuggling crack and cocaine.

At the time, she remained detained, despite being a few weeks pregnant.

But she quickly pleaded guilty and was able to benefit from a reprieve by being released just in time for her delivery.

Accessible home sentence

At that point, it was agreed between the parties that she would eventually have to return to detention for a long period of time.

But since then, a legislative change has been made to the law that repeals minimum sentences. Thus, community imprisonment previously prohibited for this type of offense is now available.

And for the defense, a detention sentence of two years less a day to be served at home would be reasonable, considering the profile of his client, who has been rehabilitated, holds a serious job and presents a low risk of recidivism.

“The role of the mother in the first years of a child’s life is crucial,” argued Ms.^e Dimitri Raymond.

But the public prosecutor was not of the same opinion: a prison sentence was necessary. And it must be long.

“The circumstances are deeply distressing for this child who will be deprived of his mother for a significant period,” admitted Ms.^e Vincent Huet.

But what message would be sent if organized crime could take advantage of having a family to obtain a lenient sentence? he questioned.

A key role

He insisted on the “high degree of structure and planning” of the organization in which Marjorie Briand played a key role for six months.

She was the one who was in contact with the dealers, who collected the money, in addition to being one of the “managers” of the drug cache.

The police also found more than $24,000, 19 grams of crack and nearly 10 grams of cocaine in her home.

And unlike other traffickers, she has no consumption problems.

“Unfortunately, for the sake of profit, for luxury, she decided to enslave her fellow human beings struggling with addiction,” lamented M^e Huet.

Judge Marc-Antoine Carette is expected to hand down the sentence at the end of the summer.