A known Terror Squad street gang member denounced his ties to the criminal organization and is turning his life around, according to his defence lawyer.
During a sentencing hearing on Feb. 2 in Prince Albert Provincial Court, a lawyer for Kevin George Ackegan, 41, told the court Ackegan 鈥渞enounced those ties publicly and privately and wishes to move on,鈥� adding 鈥渢hat鈥檚 a good thing.鈥�
Defence lawyer Dale Blenner-Hassett then asked the court to sentence Ackegan to two years less a day, which means he would serve his time in a provincial correctional centre.
Crown Prosecutor Andreanne Dube, however, asked the court for a five-year prison sentence in a federal penitentiary.
鈥淭his is not just young boys hanging around breaking windows,鈥� said prosecutor Dube. 鈥淗is involvement with the criminal organization does raise some concerns with safety of the public.鈥�
Dube pointed out Ackegan had high-powered weapons with available ammunition when he was arrested. 听She said Ackegan has a lengthy criminal record dating back to 1982 for violence and weapons-related offences.
Blenner-Hasset told the court Ackegan takes responsibility for his wrongdoings and wants to change.
鈥淗e realizes at 41 years of age now, that he is wearing down and this is not the way he wants to live the rest of his life. He doesn鈥檛 want to be part of a gang life.鈥�
Blenner-Hasset said Ackegan is working on getting his Grade 12 while incarcerated and has a granddaughter he wants to be a better example to, adding she is 鈥済reat motivation for him to break his criminal conduct lifestyle and live as a law-abiding citizen.鈥�
Blenner-Hasset told the court there are significant Gladue factors to consider when sentencing Ackegan. He said Ackegan鈥檚 family experienced significant negative effects of residential school, which impacted Ackegan鈥檚 life.
According to Canada鈥檚 Criminal Code, it is the duty of judges to 鈥渁ddress explicitly an aboriginal offender鈥檚 circumstances, and the systemic and background factors that contributed to those circumstances.鈥� The Gladue principles state that restorative justice may be more appropriate for Aboriginal offenders. Restorative justice focuses on healing those affected by the criminal act, including the offender, which is more in line with traditional Aboriginal justice. This restorative justice approach is also meant to act as a solution to reducing the over-representation of Aboriginals in Canadian jails.
Ackegan pleaded guilty in November 2020 to six weapons offences, including careless use of a firearm, possession of a weapon for a dangerous purpose, possession of prohibited or restricted firearm with ammunition, and three counts of possession of a weapon and ammunition contrary to an order.
Ackegan was arrested by Prince Albert RCMP Integrated Crime Reduction Team during a traffic stop on Feb. 26, 2020. When police searched the vehicle they found two firearms, ammunition, a machete, a knife, bear spray, hydromorphone, methamphetamine, and Gabapentin pills. They also found U.S., Jamaican and Canadian currency.
The court heard that the arresting police officer was working for the RCMP Integrated Crime Reduction Team that investigates gangs, guns and drugs. At about 8 a.m. on Feb. 26, 2020, the officer got a call from a source that told him Ackegan was in possession of guns and told him where he was in Prince Albert.
The court heard that the arresting officer knew Ackegan. He had charged Ackegan previously in 2017 with breaching his parole by associating with known gang members and at the time of that arrest, Ackegan was a member of the street gang Terror Squad.
On Feb. 26, 2020, when the officer received information from a source about Ackegan, he conducted surveillance at a residence on the 800 block of 14 Street West in Prince Albert.
Another officer testified that he watched the residence for about three hours and at about 11:20 a.m. Ackegan came out of the residence and started loading several bags into the back seat and trunk of a vehicle. A woman was driving the vehicle and Ackegan was the passenger. Both officers testified that in their experience, guns could be concealed in bags.
The officer who took the call from the informant testified that he conducted a CPIC inquiry on Ackegan, which confirmed he was prohibited from possessing firearms.
The woman and Ackegan drove a few blocks before stopping at another residence. At this point the officers made a traffic stop and arrested Ackegan. One of the officers drove the vehicle to the police station where it was searched and police found guns in the bags, ammunition, drugs, and a cell phone.
Blenner-Hassett had asked one of the testifying police officers for the identity of the confidential informant but Judge H. M. Harradence said the informant鈥檚 identity won鈥檛 be disclosed and the court must ensure confidentiality.
Judge H. M. Harradence reserved sentencing of Ackegan until Feb. 19.
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