When Canada Border Services Agency officers noted an abundance of property in a van driven by a woman seeking to cross the border, they became suspicious.
It turned out more than material items were lying around inside the vehicle. Her common-law husband was too.
On Friday, United States citizen Melvin Kevin Heavy Gun appeared in custody at Regina Provincial Court. The 51-year-old man pleaded guilty to an offence under the Immigration and Refugee Protection Act pertaining to not presenting oneself for inspection at the border.
Observing this isn’t a charge often seen in court, Judge James Rybchuk took a few minutes to consider before ultimately agreeing to impose the three-month jail sentence — less remand credit — jointly recommended by Crown and defence counsel.
Federal Crown prosecutor Robin Neufeld told the court Heavy Gun is a resident of North Dakota who is inadmissible to Canada due to a U.S. record that includes two drug convictions from 2015.
Nevertheless, on July 7, Heavy Gun made an attempt to enter Canada anyway. While details weren’t provided as to the specific reason for the attempted entry, court heard his common-law wife is a Canadian citizen.
Neufeld said the woman was attempting to enter Canada at the Northgate crossing when CBSA officers asked her if there was anyone else inside the van. She said no.
Officers became suspicious, in part because of the amount of luggage behind the woman, and referred her for secondary examination.
“As a result of that, and the examination of the vehicle, they did find Mr. Heavy Gun lying on the floor of the van,” Neufeld said. “He had been concealed under several items, including a cooler and a tarp.”
Defence lawyer Brendan Pyle said his client, who has worked in maintenance for his tribal council, has taken responsibility from the start.
When asked by Rybchuk if he had anything to add, Heavy Gun responded, “No, sir.”
The judge said this type of offence is increasing in Canada, and sentences need to act as a deterrent.
“Any sentence that I impose must have serious consequences so that people know this conduct won’t be tolerated,” he said.
Heavy Gun is to be deported to the U.S. as soon as he is released from jail.
Although court heard it was his idea to conceal himself in the van to get across the border, his common-law is facing her own charges. She is to appear in court in Carlyle in August.
Copyright Postmedia Network Inc., 2019
