(Lethbridge News Now)

By David Opinko

Sentencing delayed in drug smuggling case due to doctor’s note

Nov 26, 2021 | 12:12 PM

LETHBRIDGE, AB – It will be another week, or potentially longer, before an Alberta couple found guilty of trying to smuggle cocaine across the Canada-U.S. border will learn their fates.

Back in April, Gurminder Toor was found guilty by a jury of importing cocaine for the purpose of trafficking and possessing cocaine for the purpose of trafficking.

His wife, Kirandeep Kaur Toor, was also convicted of importing cocaine for the purpose of trafficking but was also declared guilty of the lesser charge of simple possession.

READ MORE: Couple found guilty of smuggling cocaine into Canada at Coutts

The couple was delivering produce from Southern California to the Costco in Airdrie.

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When returning to Canada, they were stopped by CBSA officers at Coutts on December 2, 2017, and were found to be in possession of 84 bricks of cocaine, weighing approximately 99.5 kilograms including packaging.

Depending on how the drugs are packaged and sold, the crown says it could have had a street value between $3.7 million and $5 million.

They were originally set to be sentenced in Lethbridge Court of Queen’s Bench Friday morning, but that did not happen.

Court received a letter from the doctor of Mrs. Toor, saying that there were health concerns surrounding her pregnancy that would prevent her from appearing in person in Lethbridge for any proceedings between now and February. She currently residents in Edmonton.

It is typically the court’s preference that people appear in person when they are being sentenced.

There was a suggestion that she could attend the Edmonton courthouse and appear via Webex. That way, court sheriffs would be able to escort her to custody there if she were to be sentenced to jail time.

Lawyers on both sides, however, were skeptical of the content of the doctor’s note given its “cryptic” nature and the fact that the exact reasons that she would be unable to make the trip down to Lethbridge were not clearly explained.

The doctor may or may not need to appear before the courts next Friday, December 3, to be cross-examined as to their qualifications, the contents of the note, and why Mrs. Toor would be unable to appear in court in person.

Patrick Fagan, the defense attorney for Mrs. Toor, said he would try to sort things out with the doctor before then. If he is able to do so, the doctor’s appearance would not be required on December 3.

Crown Prosecutor Kent Brown pushed for the sentencing for Mr. Toor to go ahead anyway, arguing that Mrs. Toor’s unique situation would not impact his sentencing.

Greg Dunn, representing Mr. Toor, explained that the couple are co-accused in this matter and went through the entire court process together, including the trial, with the same evidence being presented. Therefore, he believed that they should be sentenced together as well.

Justice Johnna Kubik decided that this matter will reconvene on December 3 but it is not clear yet for what reason.

If the doctor is being cross-examined next Friday, then there might not be sufficient time for sentencing on the same date. Were that to be the case, they would have to set a future date for when sentencing could take place.

If cross-examination of the doctor is not required on the third, then Gurminder and Kirandeep Toor will be sentenced at that time.

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