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The smudging ceremony in the courtroom before Craig French was sentenced for fentanyl trafficking aimed to honour ancestors and cleanse bodies and minds.
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The ceremony is rarely seen in the Superior Court of Justice. Before it began, there was an explanation how the Indigenous ceremony was considered to be “sacred medicine and enlightenment” for all parts of the body and mind.
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French, when asked if he wanted to add anything, suggested to “smudge feet for walking a good journey.”
French, 36, has been on his own cleansing journey since his arrest in April 2021, after he was charged with drug trafficking. He was charged months later with manslaughter related to the overdose death of a 31-year old London man who was found unresponsive in his London home a month before French was arrested. That charge, which was the first of its kind laid by London police, was later dropped by the Crown.
On Monday, French was given a conditional sentence of two years less a day for possession of fentanyl and one count of possessing fentanyl for the purpose of trafficking, to be followed by two years of probation in hopes of keeping him on the right path.
The case has taken years to reach a conclusion. French entered guilty pleas a year and a half ago, but the sentencing didn’t happen, partially because of delays in completing a Gladue report, a specialized pre-sentence report for Indigenous offenders, and partially because his original defence lawyer couldn’t continue on the case because of personal circumstances.
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But it was also delayed to allow French time for treatment for his epilepsy and so he could attend a healing lodge to address his fentanyl addiction.
Superior Court Justice Kelly Tranquilli, before sentencing French, gave some insights into why the Crown dropped the manslaughter charge. The man who died had just completed a drug rehabilitation program for his fentanyl addiction when he contacted French.
French agreed to sell him drugs and met him at a variety store. He found out the man had been out of touch because he was in rehab. “Mr. French maintains that he refused to sell the substance to (the man) because of the risk of a lethal dose, given his period of sobriety. But Mr. French agreed to give him a piece of ‘tin foil,’ ” Tranquilli said.
After the meeting, there were 43 minutes unaccounted for when the man went to a McDonald’s restaurant where he could have received the lethal dose. He also had a heart condition. The Crown decided there was no reasonable prospect of conviction.
French was arrested a month later after he had been under police surveillance. He was arrested with small amounts of substances including fentanyl. A set of nunchucks, a prohibited martial arts weapon, was found in his vehicle.
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French has pleaded guilty in the Ontario Court of Justice to a weapons charge related to the nunchucks and was waiting to be sentenced until after the drug charges were dealt with.
The Gladue report, which was completed a year ago, “provides yet one more example of how our history of colonialism, displacement, residential schools and intergenerational trauma have a significant impact on Indigenous peoples with lower educational attainment and higher rates of substance abuse,” Tranquilli said.
French never finished high school and tried to complete a video gaming design course at a private college, but that ended when he was struck in the head with a hammer by a man who was trying to steal his rent money. That assailant, Tranquilli said, was later convicted of two counts of murder in the deaths of two people in his building.
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French suffers from post-traumatic stress disorder because of the attack, cognitive issues and epilepsy. He started using oxycontin when he was 18 and entered a methadone program. He relapsed later with fentanyl.
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After he was charged, he started methadone again, and at the time the report was written, he had been clean for two years.
His seizures have required hospitalization, one which he suffered while in pre-trail custody at the Elgin-Middlesex Detention Centre where he fell off his bunk and suffered a spinal fracture.
French is in a stable common-law relationship and they live with his mother at Chippewas of the Thames First Nation. They reported he was doing well, but would be at risk if he was given a custodial sentence. He has reconnected with his Indigenous traditions and attended a healing lodge for his fentanyl addiction. Since then, he has continued his counselling and has taken job training.
But in July 2024, he was arrested for breaching his bail and drug trafficking. The case is still to be resolved, but Tranquilli said the court was told French was doing a wellness check on his brother with his surety nearby but not with him. Emergency medical services also had responded and French was found to have drugs.
Tranquilli said there are “triable issues” and the case had no bearing on the drug trafficking case before her.
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However, in this case, he was trafficking in fentanyl, recognized by higher courts as “public enemy No. 1” and “a national crisis,” Tranquilli said.
“It is evident Mr. French endangered not only his own life but the lives of others in the community through trafficking fentanyl,” she said.
Tranquilli noted French had a previous record from 2014 for drug issues and he was an addict. He also has new charges. However, he had pleaded guilty and has engaged in significant counselling.
“I do not doubt that he is sincere in his statements that he wants to continue this path of recovery,” she said,. “He has expressed remorse and described his shame in facing his behaviour. He wants to be a better example to his family and his children.”
Tranquilli agreed a conditional sentence would be appropriate. He was ordered to be under house arrest for 18 months with a GPS ankle monitor. He will be under a curfew for the final six months.
“Mr. French, I hope that you understand and appreciate today that this sentence has been passed in order to support your goals of continuing to succeed in your rehabilitation to make amends to your community and to continue to support you in your battle to overcome your addiction,” Tranquilli said.
“I think you show good insight in recognizing this will be a lifelong journey for you.”
jsims@postmedia.com
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