CARLYLE — A Saskatchewan man who was facing 25 charges has received a lengthy prison sentence for drugs and firearms offences.
Austin Jonathan Ross pleaded guilty to seven offences Jan. 28 in Carlyle Provincial Court and received seven years in custody.
He pleaded guilty to one count each of possessing a prohibited firearm, restricted firearm and ammunition contrary to an order; possessing a loaded, prohibited firearm along with readily-available ammunition while not having authorization or a licence; possession for the purpose of trafficking cocaine; operating a vehicle while impaired by alcohol or drug; resisting arrest; assaulting a police officer; and attempting to take an officer’s service pistol.
Eighteen other charges were stayed related to weapons offences, drug trafficking and resisting arrest. Some of the stayed charges were amalgamated with offences for which he pleaded guilty.
As per the terms of a joint sentencing submission, Ross was sentenced to seven years in custody, with four years for possession of a loaded, prohibited firearm along with readily-available ammunition while not having authorization or a licence; an 18-month consecutive sentence for possession for the purpose of trafficking; a one-year consecutive sentence for possessing a prohibited firearm, a restricted firearm and ammunition contrary to an order; and a six-month consecutive sentence for assaulting a police officer.
Concurrent sentences were for one year for attempting to take an officer’s service pistol, three months for resisting arrest, and 30 days for impaired driving. The impaired driving charge also carries a one-year driving prohibition once Ross is released from custody.
He spent 329 days in custody from the date of his arrest on March 6, 2025, to his sentencing on Jan. 28, and was given 494 days remand credit. According to the court, he has 2,056 days left to serve, or more than five years and seven months.
A conditional sentence order that Ross was subject to from a previous conviction elapsed while he was on remand. According to court information, as of March 7, 2025, the day after he was arrested, he had 104 days remaining on the CSO. Ross’ defence attorney Deanna Harris said Ross admitted to the breach.
Speeding led to traffic stop
Provincial Crown prosecutor Jocelyn LeBlanc told the court that on March 6, 2025, a black SUV was observed travelling 128 kilometres per hour on Highway 9 at the White Bear First Nations; the speed limit is 100 km/h.
A member of the Carlyle RCMP stopped the vehicle and the driver and lone occupant was identified as Ross, who LeBlanc said was on conditions to be in Yorkton but could work in Estevan. LeBlanc noted the officer detected a strong odor of marijuana, and Ross claimed a friend had done drugs in the vehicle against Ross’ will.
A drug test was positive for cocaine and cannabis marijuana, LeBlanc said. Upon being advised of the result and being arrested for impaired driving, LeBlanc noted Ross became distraught and combative.
“While members were trying to calm him and ensure he had no weapons, Mr. Ross pushed his way out of the police vehicle and began running south down the highway until he was tackled in the … snow-filled ditch,” said LeBlanc.
Ross was eventually handcuffed and searched, LeBlanc said, and a bag with what appeared to be a white substance was found in a pocket.
Police asked for medical aid and he was transported to the Arcola Health Centre.
Drugs seized
During a search of Ross’ vehicle, LeBlanc said drugs were located, including 133 grams of cocaine, 36 grams of mushrooms, 23 grams of cannabis and 10 grams of cannabis solid, along with three drug scales with white powder residue and other drug paraphernalia, plus two firearms, a 3-D printed firearm and more than 100 rounds of ammunition.
Federal prosecutor Kathryn Gilliss noted the weight and quantity of drugs seized were sufficient for the possession for the purpose of trafficking charges. The drug sentence is within the low end of the accepted range for possession for the purpose of trafficking, she said, but with the global resolution, the early pleas and his personal circumstances, the Crown feels the totality principle applies.
A “different” case
Ross’ attorney Deanna Harris said she has represented Ross before and dealt with Indigenous clients with significant Gladue factors, but she believes Ross is a “different” case because of his background and personal factors. She noted Ross was born into the foster care system, and his adoptive family has been very supportive of him throughout his experiences.
He has been diagnosed with fetal alcohol spectrum disorder (FASD), a heart condition and other issues.
As a boy, Harris said Ross' adopted family moved from B.C. to Theodore so he could be closer to members of his birth family on the Pasqua First Nation. But he encountered racism in Theodore and other issues due to his FASD. Ross was eventually placed in an alternate school in Yorkton.
Ross has had periods of stability, and Harris said he wants to work and be a father.
“He gets drawn in by peers. This is something that is very known about people who have FASD is that they’re very easily swayed by peers. That’s not to minimize his own responsibility. He’s 27 years old. His [adoptive] parents have done a great job of providing a social and moral framework for him, but at times, he finds himself unable to make the right call at the right time.”
While he has a criminal record, he doesn’t have a lengthy string of convictions, which Harris said is thanks to his adoptive family.
"Maddening and tragic” systemic issues
When given the chance by the court to talk, Ross apologized to his family and everyone else affected by his actions.
Judge Mitch Miller said all of the lawyers did an “incredible” job with the joint sentence and he lauded Harris for her work.
Miller said he could tell Ross was remorseful, and he noted Ross faced systemic issues right from the start, calling them “maddening and tragic”.
“The fact that that still happens is sad, and the fact that you have done with your life what you have done, given those challenges, is actually fairly remarkable. And it’s unfortunate that you’re here today with this,” said Miller.
The judge also noted Ross had been doing well with his CSO prior to his breaches last March, but the judge said the sentence has to be proportionate to the gravity of the offences, which in this case was significant.
The sentence is appropriate, Miller said, because it takes into account the serious nature of the offences.
