Canadian sentenced to death is 'maker of his own misfortune'

A criminal defense lawyer says a Canadian man sentenced to death in China in a drug-smuggling case should have heeded a warning by a British Columbia judge in another drug case seven years ago.

John Lee, an Ontario defense attorney, told China Daily that Robert Lloyd Schellenberg, 36, chose not to follow BC Justice Neill Brown’s admonition.

“Justice Brown already gave Schellenberg the last chance to change his course of life and clearly set out the serious consequences if he failed to heed his warning. ... It is fair to say that he is the maker of his own misfortune,” Lee said.

According to CBC News, Schellenberg was warned by Brown in 2012 to “don’t ever underestimate the seriousness of this kind of an offense” when he was sentenced to two years in jail in 2012 for drug trafficking.

Brown sentenced Schellenberg for possession of cocaine and heroin for the purpose of trafficking as well as simple possession of cannabis resin and methamphetamine. Because of time served, his sentence consisted of 16 months and 12 days.

Schellenberg’s criminal record dates to February 2003, when he received a six-month sentence for drug possession for the purpose of trafficking.

“We cannot overestimate the serious and quite often irreversible harm and damages of illegal drugs, particularly the hard drugs,” said Lee. “People die or suffer permanent injuries from using them. Even though countries differ in imposing sentences for serious drug offenses, no country gives leniency to the repeated drug traffickers, especially when large quantities were dealt with.”

According to Lee, in a Canadian criminal court, a judge is required to consider a number of mitigating factors and aggravating factors in sentencing. A long history of convictions for the same or similar offenses is an important aggravating factor that the sentencing judge must consider.

In 2012, as Brown prepared to send Schellenberg off to jail, he told the drug dealer that he was at a critical juncture in his life: “I hope this is the last time you appear in court.”

“The conviction history shows the defendant lacks remorse and is difficult to be rehabilitated,” Lee said.

Schellenberg was sentenced to death Monday in the Dalian People’s Court in Northeast China’s Liaoning province. According to the court, he was part of an operation to transport 222 kilograms (almost 500 pounds) of methamphetamine from a warehouse in China to a destination in Australia.

“We acknowledge that the death penalty is available in China, likewise in the United States, [it is] often reserved for the most hideous crimes,” Lee continued. “Although there is no death penalty in the Canadian Criminal Code and Controlled Drugs and Substances ACT, China is a sovereign state not obliged to follow other countries’ jurisprudence.

“So the only advice we can give people like Schellenberg is don’t go astray, just like Justice Brown warned,” Lee added.

Thousands of readers online are following Schellenberg’s story.

“The guy is a professional drug smuggler. He was tried and convicted by the Canadian court. He tried to smuggle 200+ kg of drugs, from which hundreds of people might die. Instead of blaming, our government should be grateful to Chinese for stopping the drug dealer,” wrote Vasilli Pupkin.

Speaking for the first time about the case, Canadian Prime Minister Justin Trudeau implied Monday that Schellenberg’s death sentence was politically motivated and “arbitrarily applied”.

Hours later, Canada issued a travel advisory for China, warning Canadians that they could face “arbitrary enforcement of laws” there.

China has strongly denied that political factors influenced its treatment of Schellenberg. China’s Foreign Ministry criticized Trudeau, saying he should “stop making such irresponsible remarks” and accused Canada of “double standards”.

A notice issued Tuesday by the Foreign Ministry said that Chinese citizens should be aware of the risks of being “arbitrarily detained at the request of a third nation” in Canada and urged caution when making travel plans.

The law firm representing Schellenberg said Tuesday that it would appeal the death sentence, which would start a legal process that could take months. After an appellate judge makes a ruling, China’s highest court still would need to make a final decision on whether Schellenberg would be executed.