Canada Case Law

R. v. Hollohan

Court

Supreme Court of Nova Scotia

The court granted a post-conviction referral to the Restorative Justice Program because judicial authority and protocol allow such referrals after conviction, the referral does not alter the life sentence or parole ineligibility determination, and the offender was found suitable based on age, lack of prior record, community supports and demonstrated sobriety; information from the referral may inform the Parole Ineligibility Hearing.

Source excerpt

• Second degree murder
• Restorative justice referral
• Parole ineligibility
• Sentencing principles
• Rehabilitation

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R. v. Terrio

Court

Supreme Court of Nova Scotia

The court declined to refer the offender to the NSRJP because the anticipated delay and resource use were not justified by any reasonably foreseeable commensurate benefit to sentencing; existing mechanisms (PSR, counsel and Crown submissions) provide the information needed and s.720 mandates timely sentencing, so a referral was not in the interests of justice.

Source excerpt

• Post-conviction restorative justice
• Nova scotia restorative justice program (nsrjp)
• Judicial discretion
• Pre-sentence report
• Timeliness of sentencing
• Eligibility for restorative processes

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R. v. Anderson

Court

Nova Scotia Provincial Court

A conditional sentence of two years less a day followed by two years probation is imposed because the offence falls within an established range (two years less a day to three years), the judge was satisfied under s.742.1 that serving the sentence in the community would not endanger community safety considering offender-specific risk and gravity of potential re-offence, and the IRCA and available Afrocentric community supports justified a supervised community custodial sentence to better achieve rehabilitative and restorative objectives while maintaining denunciation and deterrence via stringe…

Source excerpt

• Conditional sentence
• Section 95 criminal code (possession of a loaded restricted weapon)
• Impact of race and culture assessment (irca)
• Denunciation and deterrence
• Rehabilitation
• Ancillary orders (firearms prohibition, forfeiture, dna)

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R. v. Johnson

Court

Supreme Court of Nova Scotia

Given the totality of the circumstances including the prolonged breach of trust, the proven Gladue factors, the offender's demonstrated rehabilitation efforts, family responsibilities and risk that incarceration would derail recovery and education, a conditional sentence of 18 months with strict house arrest and follow-up supervision better serves sentencing objectives than immediate imprisonment; portions of the psychologist's PTSD opinions and irrelevant portions of one Gladue report were struck for lack of proper foundation.

Source excerpt

• Fraud over $5,000
• Forgery
• Conditional sentence
• Gladue principles
• Restitution
• Healing circle

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R. v. Smith

Court

Supreme Court of British Columbia

Colton Reigh Smith was sentenced for manslaughter to one year more custody, plus three years probation, with significant Gladue-based and rehabilitation-focused conditions.

• Manslaughter
• Gladue factors
• Probation conditions
• Pre-trial custody credit
• Denunciation and deterrence
• Rehabilitation

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R. v. Sellars

Court

Supreme Court of British Columbia

A First Nations offender was sentenced after firearms convictions. The court applied Gladue and ordered a suspended sentence with three years' probation and ancillary orders.

• Possession of prohibited firearm
• Firearms prohibition order
• Gladue factors
• Suspended sentence
• Probation
• Dna order

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R. v. Loring

Court

British Columbia Court of Appeal

Court of Appeal varied a young offender’s sentence after finding the global term unfit, replacing it with shorter concurrent custody and extended probation.

• S.718.2(e) gladue factors
• Fitness of sentence
• Fresh evidence on sentencing
• Probation conditions
• Conditional sentence
• Sentencing

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R. v. Brooks

Court

Nova Scotia Provincial Court

Applying Gladue principles and considering the sentencing circle recommendations, the court found a community-based custodial disposition was available that would not endanger the community and would better achieve rehabilitation, denunciation and deterrence than immediate incarceration; therefore the offender was sentenced to a 12 month custodial sentence to be served in the community as a conditional sentence (house arrest/curfew with detailed supervisory and programmatic conditions) followed by eight months probation for the assault, and nine months probation plus 15 hours community servic…

Source excerpt

• Assault causing bodily harm
• Conditional sentence
• Gladue factors
• Sentencing circle
• Probation breach
• Rehabilitation

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