Woman sentenced to three years for possessing 739g of crack cocaine

A Territorial Court judge has sentenced an NWT woman who was found with a significant amount of crack cocaine to three years’ imprisonment.

RCMP arrested and charged Marilyn Beaulieu and Andrew Norn following a traffic stop on Highway 3 in January 2024. Beaulieu was a passenger in the vehicle headed toward Behchokǫ̀ from Yellowknife.

Police found 739 grams of crack cocaine in Beaulieu’s purse, which, according to an agreed statement of facts, would have fetched an estimated $74,000 to $88,000 if sold at the street level.

Officers also found a semi-automatic pistol, which is a restricted firearm, in the backseat of the vehicle along with an illegal partially loaded extended magazine

Norn, who was the driver of the car, admitted to helping Beaulieau transport the drugs to another community. He pleaded guilty to possessing cocaine for the purpose of trafficking and was sentenced to two years in jail and 18 months probation earlier this year. The Crown withdrew additional charges against Norn including several related to the firearm and overcapacity magazine.

Beaulieu also pleaded guilty to possessing cocaine for the purpose of trafficking and went to trial on charges related to the pistol and magazine. The court ultimately found the Crown did not prove beyond a reasonable doubt that she knew those items were in the vehicle.

Drug trafficking has devastating impacts on NWT communities

In sentencing Beaulieu for the possession charge on Friday, Judge Gary Magee found that she was working as a courier for a drug operation run by her brother Mikey. Magee said while Beaulieu was not the director or leader of the operation, that did not diminish the seriousness of her crime, noting she was transporting a large quantity of crack cocaine.

Quoting another court decision, Magee said drug trafficking “tears at the very fabric of society” and has devastating impacts on NWT communities. He said Beaulieu would have been personally aware of the harm drug dealers can cause as rival drug dealers had shot at and set fire to her family’s home in Hay River where her brother was running a drug trafficking operation.

The judge also considered Beaulieu’s personal circumstances and that she had expressed remorse for her actions.

According to a pre-sentencing report, Beaulieu has family members who attended residential school and were impacted by the Sixties Scoop. Magee said Beaulieu had also “suffered a number of personal tragedies,” in the years before her arrest, including the death of close family members and she became addicted to crack cocaine, which resulted in her being homeless for about a year.

Commercial vs wholesale trafficking

Defence lawyer Baljindar Rattan had proposed that Beaulieu be sentenced to three years in prison. She argued that while Beaulieu’s brother may have been running a wholesale drug operation, her client was involved in trafficking at the commercial level in order to support her addiction.

Crown prosecutor Nakita McFadden said Beaulieau should be sentenced to four years in prison, saying that was the most “restrained” sentence that would reflect the gravity of the crime. She argued Beaulieau had longtime involvement in wholesale trafficking at a level above “a foot soldier” who was “just following marching orders” and had hired Norn to help her transport drugs.

Under Canadian criminal law, wholesale drug trafficking involves larger quantities of drugs and more complex operations than commercial trafficking.

Magee sided with the defence and sentenced Beaulieu to three years in prison. He found that while there was evidence of Beaulieu’s involvement in commercial drug dealing in Hay River, the Crown had only proven one instance of her involvement in trafficking at the wholesale level. He also disagreed with the Crown’s assessment of Beaulieu’s level of involvement in the drug operation.

Magee gave Beaulieu 549 days credit for time she served in pre-sentencing custody. He sentenced her to an additional three days in prison in lieu of paying outstanding court fines.

Once released from prison, Beaulieu will be prohibited from possessing firearms for 10 years.

“Good luck to you,” Magee told Beaulieu after delivering her sentence.

“I hope you find a better direction once you’re released.”