A young man was found with a loaded pistol in his backpack at an east-end fast food restaurant last summer, a judge heard Tuesday.
Josey Belleau was arrested on July 6 at McDonald's on Trunk Road after police responded to a complaint about a gun.
The 20-year-old pleaded guilty to possession of a restricted firearm when he appeared in a Sault Ste. Marie courtroom.
Prosecutor Adrianna Mucciarelli said a male had approached an Ontario Provincial Police officer at the drive-thru.
He told the cop a man in the restaurant had assaulted him with a gun.
Belleau was located at a table inside and the 9mm handgun was discovered in his backpack.
In what the Crown described as an "odd situation," the accused had indicated he had the firearm to protect himself and the other individual from harm.
A surveillance video corroborated his reasoning for why he had the weapon, she said.
Ontario Court Justice Romuald Kwolek agreed with the suspended sentence and 24 months probation jointly recommended by the lawyers.
Belleau has no criminal record, is youthful, has pleaded guilty and is taking responsibility for his actions, Mucciarelli said.
Defence lawyer Leah Policicchio said her client, a Garden River First Nation member, resides with his parents, who significantly support him.
He also has support from the Garden River Wellness Centre and is working with the elders.
Belleau is involved in cultural practices and hunts for sustenance, Policicchio said.
"He is acknowledging his actions that day and has expressed remorse."
When the judge asked about her client's concern about his safety, the defence replied she echoed the Crown's comments.
Citing the aggravating factors, Kwolek noted Belleau had a readily-available loaded weapon in a backpack at a public location.
This normally would call out for a period of incarceration, he said.
There also are a number of mitigating factors, including the young man's guilty plea, his remorse, family support, counselling and Indigenous background, the judge concluded.
Under the circumstances, Kwolek said he was accepting the joint recommendation.
During his sentence, Belleau can have no contact with the complainant and must stay 50 metres away from him.
He must provide a DNA sample for the national registry.
As well, he is prohibited from possessing weapons for 10 years, but has an exemption that permits him to hunt for sustenance with others.
Kwolek ordered forfeiture of the firearm.