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The Crown “noted that the firearm was in an unlocked nightstand of an unlocked bedroom and there were several children in the house,” said the decision.
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Gordon’s lawyer argued unsuccessfully for time served.
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“She noted that there was no evidence that Mr. Gordon had used, wielded or threatened anyone with the firearm,” said the decision.
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“She also outlined the facts underlying the manslaughter conviction, which she said included the victim perpetrating violence on Mr. Gordon.”
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His defence lawyer initially stated “that Mr. Gordon was going to be deported, regardless of the sentence he received (for the gun crimes), and that it was humane to permit him to go home as soon as possible so that he could try to build a life in St. Vincent,” said the decision.
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The court heard from the Canada Border Services Agency that once Gordon’s “legal matters are concluded, he will be deported back to St. Vincent.”
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The agency “has already applied for a travel document for him, and … they will be monitoring the outcome of his court matters,” said the decision.
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But “at the end of her submissions,” Gordon’s lawyer told the court he “had retained an immigration lawyer and if he is sentenced to time served up to six months he is entitled to a pre-removal risk assessment and there is a possibility that immigration would consider it.”
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A pre-removal risk assessment would be Gordon’s last-ditch bid to stay in Canada.
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Gordon was convicted of manslaughter in December 2019, for stabbing 54-year David Blacquiere of Angus, Ont., in the chest several times in a Shoppers Drug Mart parking lot, near Weston Road and Lawrence Avenue West in Toronto, on Nov. 15., 2018.
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“On December 9, 2020, he was sentenced to six years and nine months jail. After deducting credit for pre-sentence custody, he had 586 days left to serve.”
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Gordon, who recently turned 26, was born in St. Vincent, said the recent sentencing decision.
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“His father had minimal involvement in his upbringing. When Mr. Gordon was seven, his mother left his father and went to Canada in an effort to improve her family’s financial situation,” it said.
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“Mr. Gordon stayed behind and was looked after by various relatives. Mr. Gordon’s mother brought him to Canada for a visit when he was eight. After seeing that he had not been well cared for, she kept him with her in Canada. However, Mr. Gordon never became a Canadian citizen.”
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Gordon’s “family history, lack of citizenship and socio-economic status have intersected with anti-Black racism to compound disadvantage and exacerbate the many challenges he has faced,” said the decision. “He has experienced racism in various contexts, including at school, through police harassment and while incarcerated.”
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Gordon was given the opportunity to apply for status in Canada after he was ordered deported for manslaughter, it said, though the decision does not indicate whether he tried that route to stay here.
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Wassenaar said she “considered potential immigration consequences,” her sentence for gun crimes might have on Gordon.
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“It seems rather speculative to suggest that the sentence I impose could have additional immigration consequences,” said the judge.
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“In any event, the risk of deportation cannot justify imposing a sentence that is inconsistent with the fundamental principles of proportionality.”
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Wassenaar sentenced Gordon to six years behind bars. With enhanced credit for time served, he only has one year and three months left in the sentence.
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“To that I would add two years of probation,” said the judge.
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