CARLYLE — Carnduff's Zachary Christopher Hillis had a sentencing hearing May 13 in Carlyle Provincial Court on two of the numerous charges he is facing.
Hillis pleaded guilty in March to two charges, one for possession for the purpose of trafficking and the other for possession of a firearm/prohibited weapon when knowing it was unauthorized. A second charge of possession for the purpose of trafficking was stayed.
Federal Crown prosecutor Kathryn Gilliss called for Hillis to be sentenced to two years less a day in jail, with credit for time served. Hillis' attorney Joelle Graham asked for a conditional sentence order (CSO) of two years less a day, with conditions, one of which could be a 24-hour curfew during the CSO that would leave him confined to his residence, except for when Hillis has permission from his CSO officer to have the curfew temporarily lifted. Hillis would also have an electronic ankle monitor.
After the sentencing hearing, Hillis was remanded into custody. Judge Mitch Miller is expected to render his decision May 26 in Estevan Provincial Court.
Hillis has been in custody since late October due to a number of charges at that time; as of May 13, he had been on remand for 206 days, which amounts to 309 when given enhanced credit. Gilliss told the court that Hillis was one of three people arrested by the Carlyle RCMP on June 9, 2024. A check of the vehicle was conducted and Hillis was identified as the driver. Officers noted an active warrant out of the Ponteix area for fraud. He was arrested, the vehicle was searched and documents related to the fraud were found, she said, as well as a small bag with white powder. The accused and the passengers were arrested and charged with drug and firearm charges.
"Both Mr. Hillis and one of his co-accused gave statements to police, admitting to the selling of cocaine in the southeast Saskatchewan area, and in doing so, they indicated they had done so since January and February 2024," said Gilliss.
One co-accused, Matthew Lowry, has since pleaded guilty to one charge and received an 18-month CSO. Chargers were stayed against the other accused.
Hillis does not have a Canadian criminal record, Gilliss said he has convictions in the U.S. related to forged cheques, and he was apprehended for an illegal crossing into the U.S. in 2020.
Gilliss noted the Saskatchewan Court of Appeal has repeatedly stated the range of sentence for trafficking in hard drugs would be 18 months to four years of actual custody time.
"The key factors in considering these types of offences, when it comes to sentencing, remain to be denunciation and deterrence," she said, later adding the quantity of the drugs was on the lower side.
Graham agreed denunciation and deterrence are important when factoring in sentences for drug offences, but she added it has been well established that a CSO can be a sufficient punishment, particularly in light of the fact that Hillis has been in custody since October.
"There is some suggestion that sometimes actual jail is required to really send a message home. He's had that actual real jail," said Graham.
Graham added the proposed 24-hour curfew would separate him from society as a whole.
Citing the pre-sentencing report, Graham pointed out Hillis was sentenced to a Montana state prison boot camp for 90 days for forgery, followed by a six-month pre-release program in the state, where he was able to maintain employment and live in an open facility for six months while maintaining two jobs. He then had four years probation with no breaches.
"This is not someone who can't abide by conditions. He's now had a jump start on maintaining his sobriety and remaining clean, by virtue of being in custody."
She pointed to a 2023 workplace accident as the catalyst of his personal problems.
"He does know that he's going to have work to do once he's out, to maintain that sobriety … with real-world challenges, etc., but it needs to be learned, and it's better learned in the tightly constrained parameters of a conditional sentence order than it is by simply having him released at the end of the jail sentence," Graham said.
When given the chance to speak, Hillis said he wouldn't screw up if subject to the CSO. He's entered a program in jail and has been sober for several months.
Miller asked Hillis to think about the impact that the drugs had on the people he sold them to. It's a factor Miller will take into consideration with the sentencing.
Hillis has more than a dozen other matters currently before the court. He will be back in Carlyle Provincial Court on June 25 to answer to the charges.
