Cara Loverock
Northern News Services
Published Wednesday, July 16, 2008

SOMBA K'E/YELLOWKNIFE - A Yellowknife man was sentenced on Friday to 75 days in jail for attempting to send marijuana to his ill sister.

Noel Michel, 49, was given a lighter-than-usual sentence for this type of offence after Judge Brian Bruser found the facts of the case were "out of the ordinary."

On Jan. 15, Michel attempted to send 27 grams of marijuana to his sister who worked at the Kennady Lake mining site, about 300 km northeast of Yellowknife, via Arctic Sunwest Charters.

"The marijuana was sent to the sister at the sister's request because she has arthritis," said defence attorney Hugh Latimer.

Crown attorney Shelley Tkatch said there was no evidence to suggest the drugs were being shipped for the purpose of selling or distribution to anyone other than his sister.

"The intention (was) to use an innocent third party to distribute the marijuana," said Tkatch.

Michel attempted to mail the marijuana concealed in a box of Old Dutch potato chips.

"She had two more weeks to go and she was in pain," Michel told the court. "I apologize for what I did there. I know it was a mistake."

Despite Michel's lengthy criminal record, Bruser noted he had no past convictions for drug-related charges.

This case, said Bruser, did not involve a "commercial transaction" where you're trying to make money for selfish gains," said Bruser.

This type of conviction would normally carry a sentence of three to five months in jail, but given what Bruser called unusual circumstances in the case, Michel was given 75 days in jail with 45 days credit for time served.

Michel was convicted of the drug trafficking charge during an ex-parte trial - a trial that takes place despite the defendant not being present in court - on May 16.