There’s been another delay in the sentencing of an American couple who were found guilty of drug smuggling in southern Alberta.
A hearing in Lethbridge for Gurminder and Kirandeep Toor was adjourned Thursday due to COVID-19 concerns.
Kirandeep had been experiencing COVID-19 symptoms, meaning she couldn’t appear virtually from an Edmonton courthouse for sentencing. Gurminder’s lawyer, Greg Dunn, tested positive for the disease and was also unable to appear.
Both sides had been scheduled to present their sentencing arguments, after the couple was found guilty on drug charges back in April 2021.
In 2017, authorities found 84 bricks of cocaine, weighing nearly 100 kilograms, in the California couple’s commercial truck at the Coutts border crossing.
A new wrinkle on Thursday saw Kirandeep’s lawyer, Patrick Fagan, raise a constitutional question regarding her potential sentence.
Fagan is challenging a section of the Criminal Code of Canada and seeking a conditional sentence for his client.
The question relates to section 742.1 (c) and (e) (II), which states anyone convicted of an offence punishable by a maximum term of imprisonment of 14 years or life or one that carries a maximum prison term of 10 years that also involves the import or export of drugs is ineligible for a conditional sentence order, which Fagan is contending violates his client’s constitutional rights.
Kirandeep was found guilty of importing a controlled substance and simple drug possession. Gurminder was found guilty of importing a controlled substance along with possession for the purpose of trafficking.
Fagan pointed to the “exceedingly unique feats” of Kirandeep’s case when arguing for the constitutional question, adding she is “a good candidate for a conditional sentence.”
The Crown argued the challenge shouldn’t move forward, saying the defence “failed to give appropriate notice” after a letter announcing Fagan’s intention to issue a constitutional question was received by the court on Jan. 3.
The judge sided with Fagan, so the constitutional arguments and sentencing submissions will be heard Feb. 4, with decisions on both scheduled for April 13.