REGINA – A Westside Outlaws street gang member from Onion Lake lost his bid at the Saskatchewan Court of Appeal for a lighter prison sentence.
Cody Aaron Lee Dillon, now 26, had appealed his prison sentence of five years and 10 months. He was sentenced in Battleford Court of Queen’s Bench in March 2021 after pleading guilty to four charges, including driving a vehicle while being pursued by police and failing to stop, operating a vehicle in a manner dangerous to the public, being the occupant of a vehicle knowing there were firearms, and driving while prohibited.
“Gun-toting drug dealers, with significant criminal records, who chose to ignore weapons prohibition orders, and who thereby create great danger to members of the public, must realize that they will invariably be subject to such lengthy penitentiary sentences,” said Justice Neal Caldwell citing R v St. Clair.
“There is simply no other way for the courts to realistically, effectively and proportionally address, denounce and deter the commission of this type of inherently dangerous crime,” said Justice Caldwell Feb. 8, in concurrence with Madam Justice Liann Schwann and Justice Jeffery Kalmakoff.
Court heard that in January 2019, Dillon and three others were arrested after a dangerous police pursuit. RCMP were initially dispatched to a home on Mukwa Lake First Nation when a man suffered a head injury. Half-an-hour later police responded to multiple complaints of gunshots on the First Nation. Police said the two incidents were related and were the result of gang activity.
Two suspect vehicles were identified and spotted in Loon Lake. Police set up roadblocks and a spike belt damaged one vehicle, which resulted in the occupants piling into the second vehicle, a pickup truck, before fleeing.
During the police pursuit Dillon drove the truck up to 150 km/hr on gravel roads. The occupants - all dressed in red, the signature colour of Westside Outlaws - tossed firearms and a machete out the window, which were later recovered.
When Dillon was sentenced in Battleford Court of Queen’s Bench last year, the judge noted the Gladue factors present but also considered his lengthy criminal record and gang involvement saying denunciation, deterrence and protection of the public were paramount.
The sentencing judge took Dillon’s 40 previous convictions and the fact that he was given numerous opportunities in the past into consideration. It was noted that one of the firearms had the words “Westside Outlaws” on the back and numbers “23:19” etched into it, which symbolizes “WS” and Dillon was transporting the weapons for the street gang. When RCMP searched the pickup truck they found a spent shotgun shell, a bag containing 33 shotgun shells, and two red bandanas.
“Red bandanas symbolize the Westside Outlaws street gang,” said Justice Caldwell.
At the time of the offence, Dillon was subject to firearms and driving prohibitions.
Dillon’s lawyer had also argued at the Appeal Court that the sentencing judge failed to consider Gladue factors and their effect on his moral culpability.
Justice Caldwell, however, said the sentencing judge took judicial notice of the systemic elements of Dillon’s heritage, including the history of colonialization and the negative impact of residential schools.
He added that, “It is well established that the existence of Gladue factors does not lead to an automatic sentence reduction."
Justice Caldwell said it was aggravating that Dillon was associated with the Westside Outlaws street gang, carried firearms marked with that gang’s insignia, transported the firearms to assist with the purposes and activities of the Westside Outlaws, and the fact that Dillon has a lengthy criminal record involving prior similar offending.
“The combined sentence of 70 months (or five years and 10 months before remand credit) is not excessive or unduly harsh in the circumstances,” ruled Justice Caldwell.
