Pubdate: Thu, 27 Jul 2017 Source: Winnipeg Free Press (CN MB) Copyright: 2017 Winnipeg Free Press Contact: http://www.winnipegfreepress.com/opinion/send_a_letter Website: http://www.winnipegfreepress.com/ Details: http://www.mapinc.org/media/502 Author: Katie May Page: A4 DEFENCE PROMISES APPEAL IN MANDATORY SENTENCING CASE Judge 'troubled' but forced to lock up single mother of four children PLANS to appeal a mandatory minimum sentence as unconstitutional are on the horizon for a Winnipeg mother who is now behind bars despite the judge's declaration that justice would not be served by locking her up. Sandra Dignard, 37, was taken into custody Wednesday to start serving her two-year federal prison sentence for smuggling drugs into Stony Mountain prison five years ago. She tearfully said goodbye to her young son and pleaded with other relatives to take good care of all four of her children before sheriff's officers led her away, out of view of her family. Court of Queen's Bench Justice Sheldon Lanchbery, who previously spoke out against mandatory minimum sentences and the use of a prison term in this case, reluctantly imposed the two year mandatory minimum sentence after delaying his decision for about two months to allow the single mother to make child-care arrangements before she went to prison. "I remain troubled by what I am mandated to do," Lanchbery said. "I'm also mindful of the fact that when I was sworn in as a judge of this court, I promised to uphold the law. I promised to follow the Constitution. I'm well aware of those circumstances and I understand that I'm bound by those. I'm also troubled by the fact that in some cases, when this court is to be seeking justice, that in this particular case justice is not being done. However, under the circumstances, it's the law of the land," he said. Suggesting federal corrections officials could release Dignard early, the judge ordered a transcript of his comments be sent to the correctional institution as soon as possible "so that those in the system can understand that there are four children, two of them with special needs, that are separated from their mother. I leave it to those authorities to determine when release may occur," Lanchbery said. The Correctional Service of Canada could not provide details Wednesday in response to a Free Press inquiry on the possibility of early release. Sandra's sister and Eric Wishnowski, the defence lawyer who took over the case, both said an appeal is the planned next step in this case. In some other cases in Canada, mandatory minimum sentences have been declared unconstitutional and set aside. An appeal in this case has not yet been filed. "He certainly was reluctant in having to pass the sentence," Wishnowski said following Lanchbery's decision. "I think it's something that needs to be challenged." During an emotional sentencing hearing for Dignard in May, Crown and defence lawyers agreed that if the law allowed, Dignard would be a good candidate to serve her sentence on house arrest rather than behind bars. But a conviction for drug trafficking within a correctional institution carries a mandatory minimum sentence of two years in prison. Dignard had no prior criminal record and was on bail since her arrest without any violations. She was convicted after a trial before Justice Lanchbery last year, during which she admitted to smuggling in 100 morphine pills under threat from her boyfriend, who was then a Hells Angels prospect serving time at Stony Mountain. A package containing the drugs was delivered to her home with instructions to deliver them during a visit with her boyfriend. She also admitted to smuggling drugs to him on previous occasions and court heard she didn't face repercussions in the past when she refused. Deciding Dignard knew she could have turned over the drugs to officials without her boyfriend knowing she had done so, the judge ultimately ruled Dignard's case didn't meet the legal test for committing a crime under duress, and he found her guilty. While he denounced the crime, he emphasized Wednesday that, in Canada's criminal-justice system, offenders should only be separated from society when necessary. "I'm not sure that society is well served by taking four children from their mother in the sense their mother is being taken from them, and the risk of being in (foster) care is far too great," Lanchbery said. "I'm not too sure if putting her children at risk for her own actions is sufficient." Dignard's case tugged at heart strings in the courtroom because of the long history of emotional, physical and sexual abuse she's suffered at the hands of the men in her life, starting from childhood. She was homeless at age 14 and experienced violence in all of her adult relationships, some with gang members, according to a presentence report filed in court. "The family history of multi-generational sexual abuse and the (significant) victimization of Ms. Dignard may have contributed to the negative and abusive relationships Ms. Dignard found herself in," the probation officer wrote, recommending she receive counselling. Her past abuse may have made her more prone to being manipulated by intimate partners, the report concluded. Dignard raised her four children - ages 19, 14, eight and two - as a single mother and has been sober for eight years after beating an addiction to painkillers. She wants to keep her kids out of foster care, her sister Samantha Dignard said, saying the family will look after them. In the meantime, she said her sister hopes for early release. "Her main concern is her kids," Samantha told the Free Press. "My sister got caught in a bad situation... She wasn't thinking. She was just thinking about the repercussions from that side, not only (from her ex-boyfriend) but the gang as well," she said. - --- MAP posted-by: Matt