A Toronto woman who used her young son to help smuggle 3.5 kilograms of cocaine from Aruba into Canada has been sentenced to 3.5 years in prison by an Ontario judge who is urging “some form of early release” so she can take care of her two children.
On Nov. 6, 2019, authorities at Toronto Pearson International Airport caught Cassandra Gordon with two kilograms of coke taped to her body; her twelve-year-old son had 1.5 kilograms taped to him, according to a recent decision from Ontario’s Superior Court of Justice.
“While denunciation and deterrence must predominate, rehabilitation is a principle of key importance for Ms. Gordon. Any sentence imposed, by reason of Ms. Gordon’s circumstances, status as a first offender, and being the mother of two boys, must pay careful attention to rehabilitation,” Justice David Harris wrote.
“In conclusion, it is for these reasons that I would impose a sentence of three and a half years on Ms. Gordon. I would recommend that the authorities consider temporary absence or some form of early release in order that she can tend to her two sons as soon as possible.”
A jury found Gordon, 34, guilty of importing cocaine from Aruba into Canada, rejecting her defence of duress, said the decision dated April 28.
“The Crown asks for seven years incarceration,” it said. “The defence argues for three years.”
Her son who was used to smuggle cocaine did not testify at the trial.
“I found in a bottom-line ruling after the finding of guilt that Ms. Gordon was responsible for the cocaine carried by her son as well,” said the judge. “The basis for this finding was, in view of their respective ages and their relationship as mother and young son, it was Ms. Gordon who was the directing mind behind this importation. She was proved beyond a reasonable doubt to be the principal in her son’s possession.”
Using her son to import cocaine was “a substantial aggravating factor,” Harris said. “It is deplorable that Ms. Gordon used her son in this way to facilitate the importation scheme. It significantly increases her moral responsibility.”
The mom alleged she was coerced into smuggling the cocaine into Canada.
“Ms. Gordon’s evidence recounting the coercion and threats made against her and her son which led her to import the cocaine was vague and less than compelling,” Harris said.
“There was no substantial support for her story from any other evidence. Furthermore, it was adduced in the Crown’s case that the morning after her arrest, Ms. Gordon received a text message on her phone about a 50K wire transfer.”
Gordon told the court the message was from a friend who had tried to persuade her to commit cheque fraud.
“The Crown challenged this explanation,” said the judge. “I agree that in the circumstances, it was open to question.”
Gordon, who is Black, has suffered from “various forms of hardship including loss, sexual abuse, single parenting, poor mental health and poverty,” according to the author of her pre-sentence report.
“Fully considered, Ms. Gordon has withstood more than her share of disappointments and social injustices,” said the judge.
Gordon, who is of Antiguan and Jamaican heritage, was born in Toronto.
“She is the youngest of four children and a parent of two sons, ages 12 and 16,” said the decision. “Ms. Gordon grew up from birth to age 12 in the Scarborough neighbourhood of Galloway, one of the most impoverished in Toronto. Her father was physically abusive towards her mother.”
Gordon grew up in poverty, said the decision.
“Her father sent money to support his older children in Jamaica instead of helping her mother. Ms. Gordon did not receive Christmas gifts and she had limited clothing. She had no disposable income.”
Gordon told the court “they lived in a subsidized townhouse with plenty of social issues including guns and drugs.”
Gordon was 17 when she had her first child, said the decision.
“The father of the child was emotionally and physically abusive throughout their relationship which lasted for five years,” said the decision. “Ms. Gordon reported that their relationship ended after the birth of their second son in 2012, but the emotional and verbal abuse continued whenever they had contact and she was subjected to threats whenever she reacted.”
After they broke up, she got sole custody of the boys, said the decision.
“Her 16-year-old son has ADHD and is speech and developmentally delayed. Her 12-year-old son has mild autism and a learning disability.”
Mental health problems have hurt Gordon’s efforts to hold down a job, the court heard.
“That her two sons will not have her nurture and support during any term of incarceration is heartbreaking,” said the decision. “Apparently, her mother will take care of them.”
Several aspects of anti-Black racism bear on Gordon’s case, said the judge.
“It is highly likely that the people above her in the importation scheme were men,” Harris said. “Particularly in light of her history of being the victim of sexual assaults and assaults by men, including as a child, as a Black woman she was particularly vulnerable to recruitment as a drug courier.”
Gordon was diagnosed with post-traumatic stress disorder when she was about 20 years old, said the decision. “She stated that the abuse she endured at the hands of her former partner was a factor in the diagnosis. She has also been diagnosed with general anxiety and depression.”
Gordon “attempted to take her life on two occasions as she felt stagnant and unable to cope,” it said.
Her sister reported that Gordon’s “mental health is worse since her arrest and she often broke down in tears about the fact that her son was handcuffed,” said the decision.
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