Islander sentenced to 4 years says losing life savings led him back to selling drugs

A 62-year-old man who returned to drug dealing after losing his life savings said he was "sorry for adding fuel to the fire" of drug addiction in P.E.I.

Boyd J. Mackay of Charlottetown was sentenced Tuesday in P.E.I. Supreme Court to four years in federal prison.

"I invested my life savings in a scam ... I invested in sports and online gambling ... That's what led me back to selling drugs," said Mackay as sentence was handed down by Justice John Mitchell.

"I am not trying to minimize my drug dealing. I am merely stating facts," Mackay added. "It was only after I returned to jail that I saw the damage done to people dealing with addictions."

Mackay was arrested three times within a 10-month span on drug trafficking charges.

The first of these arrests happened in July 2021, after police found 23 hydromorphone pills — a type of opioid — as well as 9.2 grams of cocaine and thousands of dollars in cash in his car.

A month later, Mackay was arrested with 42 hydromorphone pills and $9,600 in cash. Last May, he was arrested and kept in jail after being caught a third time.

"I don't have a pension. I could live to be 90," said Mackay, to explain his actions.

Mackay also told court he's been sober 12 years, but has an "addiction to making money" and to drug dealing, as well as a gambling problem.

He has a criminal record dating back to 1977. It includes 48 prior convictions, including nine drug offences and one incident in the 1980s of armed robbery.

But Mackay had not had any brushes of the law for 10 years. He had bought a home, was attending church, and has the support of his extended family.

Judge cites persistence and planning

At the time of his arrest, Mackay was working for a food delivery service. His employer, family members and justice workers all described him in positive terms.

The judge called Mackay "an enigma."

"You have a long criminal record, but everybody likes you," said Mitchell. "It's puzzling."

Mitchell made brief reference to a "Bitcoin scam," in which Mackay lost money before stumbling into online gambling.

But he ruled that Mackay's persistence in dealing drugs even after being caught, and the amount of planning required to do that, were serious factors in deciding his sentence.

"You of all people know the harmful effects of cocaine and hydromorphone," said Mitchell. "Lots of people lose money in bad investments, but they don't turn to crime to make the money back.

"Your remorse is a year or two late."

You have a long criminal record, but everybody likes you ... It's puzzling.- Justice John Mitchell

Federal prosecutor Scott Millar of Halifax had recommended the four-year prison sentence.

Millar called that "generous" compared to the six- or seven-year sentences that have been handed down in similar drug cases.

Mackay had asked for a sentence of no more than 41 months. 

He had no lawyer at the sentencing hearing. Mackay told court his legal-aid lawyer resigned after he insisted on arguing for a sentence of fewer than four years.

Judge orders forfeiture of car

Mackay told the judge he owns his own home, and his adult son is handling mortgage payments until he gets out of jail. Several family members were in the court room.

He read his sentencing arguments from several pages of neat, hand-written notes.

Despite Mackay's objection, the judge ordered the forfeiture of his 2019 Mazda and other property seized in the drug busts.

The judge did order the return of about $800 US in seized cash. Mackay said he received the American currency legally from his work as a food delivery driver, and that he was saving the money for a vacation.

"You have potential to rehabilitate yourself, to be a leader," Mitchell said. "But greed is one of the seven deadly sins."