Law360 Canada ( February 5, 2025, 8:41 AM EST) -- Appeal by Umpherville of his sentence for firearms offences. Police officers were called to a hotel in Saskatchewan to evict a renter. Upon arrival, they found Umpherville in the hotel room, which he did not rent. He was the sole occupant and appeared nervous, attempting to conceal a backpack under a bed. The officers discovered that Umpherville had an outstanding arrest warrant. Upon searching the backpack, they found a 22-calibre handgun, 50 rounds of compatible ammunition, and a weigh scale. Additionally, 5.9 grams of methamphetamine were found in his pocket, along with cash and empty baggies. Umpherville was charged with several offences, including careless use of a firearm, possession of a weapon for a dangerous purpose, carrying a concealed weapon, possession of a restricted firearm, and possession of methamphetamine and was sentenced to a five-year term of imprisonment. At trial, his counsel conceded the drug charge but argued that the firearm-related charges were circumstantial, suggesting the backpack belonged to the room's renter. The trial judge, however, found Umpherville guilty, concluding he was aware of and in possession of the firearm and ammunition. On appeal, Umpherville argued that the trial judge erred in the application of the principles set out in R v. Gladue, which affected the sentence imposed, necessitating a fresh sentencing analysis by the appellate court. The appellant claimed that the trial judge did not adequately assess how his Gladue factors, which included his traumatic childhood, lack of exposure to First Nations culture, and systemic issues that contributed to his criminal behaviour, influenced his moral culpability. Further, Umpherville contended that the judge failed to properly balance the sentencing principles of deterrence and denunciation with the mitigating factors related to his Indigenous background....