Mark Buckley Avoids Jail Time But Faces Deportation Following Guilty Plea
Toronto man avoids jail for Thunder Bay drug trafficking case but faces possible deportation after guilty plea
THUNDER BAY – LEGAL NEWS – A Toronto man has been handed a two-year conditional sentence order for his role in a drug trafficking case in Thunder Bay, with the court acknowledging the severe immigration consequences he now faces.
On October 18, 2024, Mark Jeffrey Buckley, 36, pleaded guilty to possession of cocaine for the purpose of trafficking in the Ontario Superior Court of Justice.
The sentencing decision, rendered by Hon. Mr. Justice W.D. Newton, on January 15, 2025 imposed strict house arrest conditions rather than a prison sentence, considering Buckley’s risk of deportation.
Case Background: Home Takeover and Drug Seizure
The case stems from an incident on October 4, 2021, when Thunder Bay Police responded to a complaint at 210 Leland Street. A resident, Patrick Elvish, reported that two individuals had taken over his apartment, claiming his ex-girlfriend’s drug debt of $9000 now belonged to him.
Elvish reported the matter to Thunder Bay Police and gave them permission to enter his apartment.
When officers entered the apartment, they arrested Mark Buckley and co-accused Glendon Martin, discovering:
- 43g of cocaine and 7g of fentanyl in a satchel
- 79g of cocaine inside a safe
- $720 in cash and a small amount of prescription pills
- A folding knife found on Buckley
Both men were charged with possession for the purpose of trafficking, a serious offence under Canadian law.
A Life at a Crossroads: Buckley’s Circumstances
Originally from Jamaica, Buckley came to Canada in 2007 as a permanent resident. His first criminal offence now places him at risk of deportation. His lawyer, M. Salih, argued that his difficult upbringing and significant personal hardships contributed to his actions.
- Personal Struggles: Buckley lost three brothers to gun violence in Jamaica. His business partner was killed in a drive-by shooting in 2019. A serious car accident left him unable to work, and he later suffered injuries in a bicycle accident.
- Family Responsibilities: Buckley supports his elderly father, his partner, and his three daughters (aged 1, 8, and 16).
- Efforts Toward Rehabilitation: He has since started a construction business, enrolled in college for electrical studies, and complied with his bail conditions for three years.
Buckley expressed genuine remorse in a letter to the court, stating his desire to support his family and avoid further criminal activity.
Crown vs. Defence: Sentencing Debate
The Crown, represented by J. McConnell, argued for a two-year prison sentence, citing:
- The seriousness of drug trafficking
- The harm caused to the community
- The aggravating factor of a home takeover
Buckley’s defence pushed for a two-year conditional sentence, stressing that imprisonment would eliminate his right to appeal deportation. The court considered similar cases where conditional sentences were granted for first-time offenders.
Court’s Decision: Strict House Arrest Instead of Jail
Justice Newton acknowledged the devastating impact of drug trafficking but ruled that rehabilitation and deterrence could still be achieved without incarceration. The court imposed a two-year conditional sentence order, including:
- 8 months of strict house arrest (permitted outings for work, medical needs, and essential errands)
- 8 months of curfew (11 p.m. to 6 a.m.)
- 2 years of probation
Additionally, Buckley is subject to:
- A 10-year weapons prohibition
- A DNA submission order
- Forfeiture of seized drugs and cash
The court noted that deportation remains a significant deterrent for Buckley, given his ties to Canada.
Legal Impact: Balancing Punishment and Immigration Consequences
This case highlights the complexity of sentencing when immigration status is at stake. While the Crown sought incarceration, the court considered the broader consequences, ultimately determining that a conditional sentence order was appropriate.
The ruling underscores the ongoing legal debate over how sentencing should balance community protection, rehabilitation, and immigration laws.
