Canada Case Law

R. v. Anderson

Court

Nova Scotia Court of Appeal

IRCAs are a valuable and appropriate source of evidence to ensure systemic and background factors relevant to African Nova Scotian/Black offenders inform every stage of sentencing; sentencing judges must inquire into and consider those factors when crafting a proportionate sentence and may err in law by ignoring them; conditional sentences remain available where statutory prerequisites are satisfied and properly crafted conditions can address denunciation, deterrence and community safety; appellate guidance on methodology is warranted and the sentencing judge's conditional sentence (two years…

Source excerpt

• Conditional sentence
• Impact of race and culture assessment (irca)
• Systemic racism
• Section 718.2(e) criminal code
• Judicial notice
• Proportionality

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R. v. Hiscock

Court

British Columbia Court of Appeal

Appeal from sentence allowed in a firearms case; the court held the judge erred by failing to give tangible effect to Gladue factors under s. 718.2(e).

• Gladue factors
• Section 718.2(e) criminal code
• Totality principle
• Firearms offences
• Fresh evidence (criminal record)
• Gladue-factors

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R. v. Elliott

Court

British Columbia Court of Appeal

The Court of Appeal upheld a four-year sentence for aggravated assault and threats, finding the sentencing judge properly applied Gladue and Ipeelee.

• Aggravated assault
• Uttering threats
• Gladue principles
• Ipeelee
• Section 718.2(e) criminal code
• Aggravated-assault

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R. v. Cochrane

Court

British Columbia Court of Appeal

The Court of Appeal admitted fresh Gladue evidence, found the sentencing judge had not considered the appellant’s Aboriginal background, and reduced the sentence.

• Gladue factors
• Section 718.2(e) criminal code
• Fresh evidence on appeal
• Pre-trial custody credit
• Gladue-factors
• Sentencing-appeal

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R. v. Lawson

Court

British Columbia Court of Appeal

The Court of Appeal upheld a 29-month sentence for theft of a motor vehicle, finding the judge sufficiently considered Gladue factors and the appellant's Aboriginal background.

• Gladue reports
• Section 718.2(e) criminal code
• Pre-sentence report
• Fitness of sentence
• Gladue-reports
• Section-718-2-e

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R. v. Chickekoo

Court

Court of Appeal for Ontario

The court admitted and relied on the more comprehensive Gladue report as necessary and helpful but held that despite the original report's deficiencies the sentencing judge had applied Gladue principles and the imposed sentence of 18 months was fit and would not be disturbed; the appeal was dismissed.

Source excerpt

• Sentencing
• Gladue reports
• Fresh evidence
• Aggravated assault
• Section 718.2(e) criminal code
• Denunciation and deterrence

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R. v. Charlie

Court

British Columbia Court of Appeal

The Court of Appeal upheld an 18-month conditional sentence for cocaine trafficking, finding no reversible error in the sentencing judge’s treatment of rehabilitation and Aboriginal background.

• Conditional sentence
• Section 718.2(e) criminal code
• Dial-a-dope operations
• Rehabilitation vs deterrence
• Conditional-sentence
• Aboriginal-sentencing

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R v. Wilde

Court

Court of Appeal for Ontario

The trial judge erred in law by failing to apply s.718.2(e) and Gladue principles to an Aboriginal offender; because the Crown conceded the error and an additional month of custody would serve no restorative purpose given the imminent mandatory release, the appropriate remedy was to reduce the sentence to time served, forward the Gladue reports to the probation officer, and extend probation to facilitate restorative treatment.

Source excerpt

• Sentencing
• Gladue principles
• Section 718.2(e) criminal code
• Restorative justice
• Probation

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