A Mohawk man who spent more than 500 days in tough pre-trial custody has been sentenced to time served after a judge ruled that more jail time would be unfair, given his background and the conditions he faced.
Jesse Garlow, who is in his early 40s and from Six Nations of the Grand River, was caught driving in Peterborough with a crack pipe in his lap, a powerful rifle in the back seat, and a flamethrower in the trunk. He was already banned from owning guns and had a history of drug trafficking.
Ontario Court Justice Brenda Green sentenced Garlow to time served and three years of probation, saying his case showed the deep effects of intergenerational trauma caused by colonialism and residential schools.
“I have determined that systemic and background factors have affected the degree of responsibility of this offender. Mr. Garlow is the personification of intergenerational trauma,” Green wrote. “Punishing him with a further period of incarceration for the sake of the common good would be unjust.”
The Crown had pushed for a 3.5-year sentence, arguing that Garlow’s possession of a “killing machine” firearm was extremely dangerous and deserved a strong punishment. The judge, however, pointed to Garlow’s tragic life story — including family members lost to murder, overdose, and police violence — and the abuse his father endured in residential school.
Green also criticized the “horrendous” conditions at Central East Correctional Centre, where Garlow was held for over 500 days, including overcrowding and frequent lockdowns.
“It is mind boggling that a country that prides itself on human rights is turning a blind eye to these inexcusable cruelties,” Green said.
The judge noted that Garlow had shown remorse and wanted to turn his life around with help from Indigenous support programs.
“This is not a ‘break,’” Green said. “It is our duty as the gatekeepers of justice to address and correct institutionalized abuse.”
