Canada Case Law

R. v. Watson

Court

Supreme Court of British Columbia

A conditional sentence was rejected because the offender's high moral blameworthiness—novice driver with a BAC of 168 mg/100mL, travelling at approximately 118 kph, causing three deaths—meant that community service of a CSO would not adequately satisfy the paramount objectives of denunciation and general deterrence; taking into account mitigating factors including youth, remorse, lack of criminal record, rehabilitation progress and Gladue factors, the appropriate and proportionate sentence was fixed at two years less a day custody, followed by three years probation with strict conditions, a t…

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• Impaired driving causing death (s.320.14(3))
• Gladue factors
• Conditional sentence order
• Driving prohibition
• Victim impact
• Dna order

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R. v. Titian

Court

Supreme Court of British Columbia

The court imposed a two-year penitentiary sentence, followed by three years of probation, for a sexual assault. It accepted the joint submission and waived the victim fine surcharge.

• Sexual assault
• Sentencing
• Gladue factors
• Joint submission (anthony‑cook)
• Dna evidence
• Publication ban

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R. v. Z.Z.

Court

Nova Scotia Provincial Court

After weighing aggravating factors (intimate partner violence, victims' Indigenous vulnerability, exploitation of trust, victims unconscious, recordings, children present) against mitigating factors (guilty pleas, genuine remorse, rehabilitation efforts, limited unrelated prior record, and demonstrably harsh remand conditions), the appropriate global custodial sentence is six years. Duncan-type harsh remand conditions were treated as a mitigating factor in fixing the fit sentence and statutory remand credit of 981 days (1.5:1 on 654 days) applies, resulting in a go‑forward sentence of 40 mont…

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• Sexual assault
• Voyeurism
• Gladue principles
• Duncan credit
• Remand credit
• Denunciation and deterrence

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R. v. Elson

Court

Newfoundland and Labrador Court of Appeal

The Court dismissed both appeals: the trial judge's interventions did not render the trial unfair, his reasons were sufficient to support credibility findings and conviction, and the sentencing judge considered Indigenous circumstances (Gladue) but any mitigating impact was minimal given the seriousness of a sexual assault of a vulnerable 13-year-old; therefore the sentence was not demonstrably unfit.

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• Sexual assault
• Trial fairness and judicial intervention
• Witness credibility and reasons for judgment
• Gladue principles and s.718.2(e)
• Vulnerable witness protection

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R. v. Mandino

Court

Court of Appeal for Ontario

The sentencing judge fulfilled her Gladue duties by accepting the appellant’s Indigenous heritage, eliciting relevant information from defence counsel about background and rehabilitation, and properly exercising discretion not to adjourn; no legal error in sentencing and the appeal is dismissed.

Source excerpt

• Sentencing
• Gladue principles
• Break and enter
• Adjournment
• Rehabilitation programs

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R. v. Wilson

Court

Court of Appeal for Ontario

The appeal fails because the record shows Gladue considerations were raised, a Gladue report could not be prepared after investigation could not confirm ancestry, the joint submission explicitly accounted for Indigenous background and rehabilitation, the trial judge lawfully accepted the joint submission under Anthony-Cook, and the trial judge expressly considered COVID-19 lockdown and pre-sentence custody credit; there is no basis to vary the sentence.

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• Gladue reports
• Joint submissions on sentence
• Pre-sentence custody credit
• Covid-19 lockdown in custody
• Rehabilitation
• Weapons offences

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Trans Mountain Pipeline ULC v. Mivasair

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed William George’s sentence appeal for criminal contempt and upheld 28 days’ imprisonment for breaching the Trans Mountain injunction.

• Sentencing
• Gladue principles
• Denunciation and deterrence
• Probation and community service vs incarceration
• Gladue-principles
• Criminal-contempt

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R. v. W.C.C.

Court

Supreme Court of Nova Scotia

Although the normal custodial range for these child sexual offences was 4–6 years per Friesen, the sentencing judge gave significant weight to Gladue factors and the low assessed risk of reoffending and imposed a diminished, fit sentence of 3 years imprisonment in a federal institution; ancillary orders were granted (weapons prohibition, DNA, SOIRA) and the s.161(1) prohibition order was refused as unnecessary in the unique circumstances; the sexual assault conviction was stayed pursuant to the rule against multiple convictions and the victim surcharge was waived.

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• Sentencing
• Sexual interference (s.151)
• Invitation to sexual touching (s.152)
• Sexual assault (s.271)
• Gladue principles
• Friesen guidance

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R. v. Thomas

Court

Supreme Court of British Columbia

Sentencing in a drug-impaired driving case causing one death and severe injury; the court imposed concurrent custodial terms totaling 42 months, plus a five-year driving prohibition.

• Impaired driving
• Dangerous driving causing death
• Dangerous driving causing bodily harm
• Drug‑impaired driving
• Sentencing principles
• Gladue/ipeelee considerations

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R. v. Gladue

Court

Supreme Court of British Columbia

On a guilty plea to second degree murder, the court accepted a joint submission and imposed life imprisonment with 15 years parole ineligibility.

• Second degree murder
• Parole ineligibility under s.745.4
• Gladue factors
• Joint submissions on sentence
• Aggravating and mitigating factors
• Ancillary orders

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