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Canada decisions
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The Ontario Court of Appeal upheld convictions in a multi-count domestic and sexual violence case, but reduced the net sentence from seven years to five years for failing to apply restraint.
The Ontario Court of Appeal dismissed most of a sentence appeal in a child sexual offence case, set aside one unavailable prohibition order, and admitted fresh Gladue-related evidence.
Sentencing reasons in a firearms case where the offender received a two-years-less-one-day conditional sentence, based on Gladue factors and exceptional rehabilitation.
The court sentenced Kimberley Grace Buitenweg and Joseph Shawn McWilliams to five years each for manslaughter after early guilty pleas and significant mitigation.
The court sentenced B.H.H. to 4.5 years for sexual interference involving a 15-year-old relative, finding the offence significantly contributed to the victim’s suicide.
Leave to appeal was denied. The Court held there was no identifiable error of law in refusing an extension of time or in the treatment of the appellant’s late-discovered Indigenous heritage.
The Ontario Court of Appeal dismissed Sinbad Marshall’s appeal from a second-degree murder conviction and 15 years, 9 months parole ineligibility.
Appeal in a sentence case allowed after the court found the sentencing judge gave insufficient Gladue analysis for an Indigenous and racialized offender.
The Court of Appeal for British Columbia allowed the sentence appeal, holding the judge gave the guilty pleas too little mitigating weight and resentenced the appellant to 22 months.
The Court of Appeal upheld a three-year sexual-assault sentence and a 20-year SOIRA order, finding no error in the Gladue analysis or statutory SOIRA factors.
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