The Saskatchewan Court of Appeal has dramatically reduced the prison sentence of a 35-year-old man who identifies as Métis – from five years to 30 months – after finding that the original sentencing did not take into account his lived experience as an Indigenous person.
Colin Umpherville was arrested at 29 years old in October 2019. Police entered a hotel room where Umpherville was present and discovered a .22 calibre handgun, 50 rounds of ammunition, a small quantity of methamphetamine, and a weigh scale in a backpack.
At the time of his arrest, Umpherville did not possess a firearms license and was assessed as having a high risk of reoffending.
“Mr. Umpherville’s crimes are serious and called for a term of imprisonment. However, I agree with Mr. Umpherville that the judge erred in his application of the principles set out in R v Gladue … and the cases interpreting and affirming that decision,” wrote Chief Justice Robert W. Leurer.
The Gladue principles, established by a Supreme Court ruling 25 years ago, mandate that courts consider the systemic and background factors affecting Indigenous offenders, including the legacy of colonialism and residential schools.
The appeal judges determined that the trial judge failed to adequately weigh these factors in assessing Umpherville’s moral culpability.
Despite this, in the ruling, the court wrote that “Umpherville’s prospects of rehabilitation look very low.”
Umpherville’s personal history as detailed in the ruling includes significant trauma; his father, a residential school survivor, battled addiction and passed away when Umpherville was just nine years old.
Umpherville says he witnessed abuse as a child, was placed in foster care, and was diagnosed with both fetal alcohol spectrum disorder and ADHD.
His education ended in Grade 6, and although he identifies as Métis, he had little connection to his cultural heritage growing up.
The original sentence focused heavily on deterrence and denunciation, according to the appeal court, neglecting the mitigating effects of Umpherville’s Indigenous background under Gladue considerations.
The appeal court judge said the revised sentence of 30 months aims to balance the need for deterrence with Umpherville’s potential for rehabilitation, citing the systemic discrimination faced by him as an Indigenous person.
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