PLEAD GUILTY, GET OUT OF JAIL

Alleged Warrior's Sentence 1 Yearon Paper, 4 Days In Fact

A federal law designed to speed non-violent offenders through the
justice system has put an alleged manitoba warriors gang member back
on the street after serving only four days of a one-year cocaine
trafficking sentence.

Trevor Boubard took advantage of the complex Corrections Canada
Release Act to obtain his "get out of jail free" card earlier this
month, prompting anger and bewilderment among police, politicians and
justice officials.

He was one of 35 accused involved in the largest prosecution of
organized crime in Canadian history as new federal legislation is put
to the test.

Since June 5, Boubard has been a free man.

"Welcome to the nightmare. This is the kind of thing that leaves us
shaking our heads," a disgusted Winnipeg police officer, who worked on
the Warriors investigation, said yesterday.

Canadian Alliance MP Howard Hilstrom was left scratching his head
after learning Boubard was no longer behind bars.

"This is another little bit of disrespect the public will have for the
justice system, when a person can avoid paying a penalty for a
criminal act he did," said Hilstrom, a former RCMP officer.

"I am very concerned that he is convicted for trafficking but he
doesn't have to serve any real time. On paper, he did, but in actual
fact he didn't."

Even the judge who sentenced Boubard on June 1 appeared to have no
idea the drug dealer would be released four days later.

"I understand your baby girl will have her second birthday in
December. With any luck at all, you'll be able to be out to celebrate
that with her," Queen's Bench Justice Jeffrey Oliphant told Boubard at
the time.

During Boubard's sentencing hearing, Crown attorney Bob Morrison noted
the one-year jail term is on top of time already spent in custody that
Boubard was given credit for.

Morrison and defence lawyer Stan Nozick had agreed to the length of
sentence, and Oliphant simply endorsed their recommendation.

Corrections Canada immediately took the one-year term and lumped it
together with a two-year drug sentence Boubard received on June 8,
1998.

The policy of combining new sentences with old ones that have yet to
expire is mandated by federal legislation in an attempt to move
offenders more quickly through the prisons.

Because the total jail time amounted to three years, Boubard was
eligible to be released immediately, since statutory release kicks in
after serving two-thirds of a sentence. There was no choice but to set
him free.

If Boubard had waited to plead guilty beyond June 8, his previous jail
sentence would have expired and the new, one-year sentence would have
stood alone.

As a result, he would have had to serve a minimum of four months
before he could be eligible for parole.

Nozick said yesterday there is no reason to be alarmed. He said he
believes his client has "a real prospect for rehabilitation" and
simply took advantage of the way the justice system is structured.

Nozick said his client didn't get away without punishment, as he spent
the last 18 months sitting in custody awaiting trial when he otherwise
would have been paroled on the previous drug conviction.

He said Boubard would not have pleaded guilty had the Crown not agreed
to drop more serious charges against him, including participating in a
criminal organization and conspiracy to traffic cocaine.

The Crown has refused to discuss its reasons for dropping the criminal
organization charge against Boubard and most of the other 21 accused
who have pleaded guilty.

Thirteen alleged street-gang members remain before the courts in a
trial that is expected to last up to a year longer.

The issue of Boubard's release may be a hot topic today as members of
the National Parole Board are in Winnipeg for a public forum.

Until 5 p.m., members of the public are being asked to participate in
discussions about parole at the Holiday Inn Airport West.

How parole rules slashed time in jail

Here is the chronology of events surrounding Trevor Boubard:

April 7, 1998 - Boubard sells two flaps of cocaine to an undercover
Winnipeg police officer. He is not arrested because police are
gathering evidence in their ongoing "Northern Snow"
investigation.

May 12, 1998 - Boubard is pulled over in a vehicle by police and found
to be in possession of cocaine. He is arrested and charged.

June 8, 1998 - Boubard pleads guilty to the drug possession charge and
is sentenced to two years in prison.

Nov. 4, 1998 - Boubard and 34 others are charged with numerous drug,
weapons and conspiracy charges as police conclude Operation Northern
Snow.

Dec. 8, 1998 - Boubard is granted day parole on the drug possession
sentence by the National Parole Board. However, he is transferred to
the Winnipeg Remand Centre and remains in custody on the Northern Snow
charges after bail is denied.

June 1, 2000 - Boubard pleads guilty to seling cocaine to the
undercover police officer in April 1998. More serious charges are
stayed by the Crown, including participating in a criminal
organization and conspiracy to traffic cocaine. Boubard is given a
one-year jail sentence, in addition to the nearly 18 months he has
already spent in custody since day parole was granted on his previous
conviction. In total, his new sentence amounts to about four years
when pre-trial custody is factored in. (The courts treat it as double
time, so 18 months equals three years.)

June 5, 2000 - Boubard becomes eligible for statutory release because
Corrections Canada adds his new one-year sentence to the two-year
sentence he received June 8, 1998. Based on their calculation of time
in custody, Boubard has served two-thirds of his combined sentence. He
is set free after spending only four days in custody on his latest
conviction.