Man gets mandatory minimum 5-year sentence for robbing Charlottetown store

A Charlottetown man was sentenced Thursday to the mandatory minimum of five years in prison for armed robbery, after robbing a convenience store while armed with a shotgun in January of 2020. 

Gordon Leo Gallant, 39, was also sentenced to a year for wearing a ski mask to conceal his identity while committing the crime, but won't serve extra time because the sentence will run concurrently. 

Throughout the two-year court process, Gallant refused to be represented by a lawyer, saying he didn't trust them.

Justice Nancy Key mentioned that issue at the sentencing hearing on Thursday. 

"You're the same age as my son," Key told Gallant at the Charlottetown court house. "And I can tell you I have struggled. I have stayed awake at night trying to make sure I do what's right for you … I'm doing it today."

To make sure Gallant's rights were protected, the judge appointed lawyer Jonathan Coady as an amicus curiae or "friend of the court" in November 2021, to observe and comment on proceedings as a means to vouchsafe the objectivity of the judicial process.

Gallant, who has addictions and mental health problems, had no prior record when he was charged with robbing Nick's Bakery, Deli and Convenience on Jan. 17, 2020 in a bid to obtain money for drugs. He told officials he had turned to drugs after a motorcycle accident in 2011 left him in constant pain.

He was found guilty of the crime in July 2021. 

The man he robbed has not asked for restitution and did not want to make a victim impact statement.

"Your actions have deeply affected him," Key said of the victim. "It is hard to imagine that he is not very nervous every time someone walks into his store."

Prosecutor John Diamond told the court that under the circumstances of the case, the Crown did not think a victim surcharge was necessary. 

Five years is the mandatory minimum sentence for armed robbery in Canada, though Key noted that the Supreme Court of Canada is looking at the constitutionality of the 2008 legislation setting out the minimums for serious crimes. 

"Right now, it is the law of Canada and I must abide by the law," she said, adding: "Taking away a person's liberty is one of the most gut-wrenching parts of my job."

Gallant will receive credit for the 314 days he spent in custody during the legal process.