Whitehorse Daily Star

Ex-guard’s life has collapsed, his defence lawyer tells court

Four years.

By Amy Kenny on September 15, 2016

Four years.

That’s the sentence the Crown wants for Michael Gaber, the former Whitehorse jail guard who was convicted in June of drug possession for the purpose of trafficking.

In Supreme Court on Wednesday, defence lawyer Vincent Larochelle argued that a 3 1/2- to four-year sentence would be too severe for his client.

Larochelle pointed to case law that showed sentences of similar length were often handed to those who had trafficked in much harder drugs than the 59 Ritalin pills Gaber was found with in December 2013.

At the time, Gaber was working at the Whitehorse Correctional Centre. Officials at the jail said they were tipped off that Gaber might be bringing in drugs.

Gaber was searched and the pills were discovered. An additional search of his car found marijuana, though that was excluded from trial because the search was illegal.

Larochelle asked for a sentence of 18 months, saying Gaber had already paid a hefty price for his actions – that, at 48, Gaber is living with his parents and his life has fallen apart.

He also said the breach of trust, rather than the drug offence, was the most significant transgression in the case.

“Mr. Gaber was in a position of trust, and he abused that position,” Lacrochelle conceded.

Larochelle also said his client wasn’t, as the Crown had suggested, motivated by profit and greed.

“He did profit,” said Justice Ron Veale. “But he wasn’t using it for yachts in the Caribbean.”

Veale referenced evidence from Gaber’s January trial that suggested Gaber turned to drug-smuggling because bills were getting tight for his family, including his wife and two kids.

“There are other options than trafficking drugs,” said Crown prosecutor Eric Marcoux.

Gaber will be sentenced Sept. 28.

Comments (5)

Up 7 Down 2

I agree on Sep 20, 2016 at 1:33 pm

Yes everybody makes mistakes, but everybody makes their own choices, sorry once again it is the family that suffers Maybe only maybe he will learn something from this if he really does have morals!!!

Up 65 Down 6

Cry me a river on Sep 16, 2016 at 7:26 am

Gaber, like any other criminal should have considered that if you can't do the time don't do the crime. I have little mercy for a guy that blatantly abused his position of authority for personal gain.

Throw the book at him.

Up 55 Down 6

Josey Wales on Sep 16, 2016 at 6:56 am

Gee...what a bummer his life allegedly has "collapsed".
How? As a direct "consequence" of his own actions...imagine that eh?
They are only asking for four years, so by default he may get house arrest maybe have to apologize to the inmates for interrupting the program?

Up 50 Down 35

Your kidding? on Sep 15, 2016 at 6:23 pm

4 yrs for this when we've had homicides getting a deuce less a day? Where would the consistency be? This guy has a family that needs his support. Yes, he made a bad mistake but, let's not go overboard when rehabilitation is the goal not annihilation of the family.

Up 58 Down 7

June Jackson on Sep 15, 2016 at 4:14 pm

Do liars? thieves? pushers? never think of consequence?

I don't care what happens to this man, and he obviously didn't care what would happen to his family.
Let those cards fall where they may on this one. It wasn't the first time he smuggled drugs in to sell to inmates.. did he really think he was never going to get caught?

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