The defendant pleaded guilty to owning and driving a motor vehicle without automobile insurance contrary to the Compulsory Automobile Insurance Act.
The Crown sought the minimum fine of $5,000, while the defence argued for $500 based on Gladue principles and financial hardship.
The court found that Gladue principles apply to sentencing under s. 59(2) of the Provincial Offences Act, and that the defendant's circumstances as a grandchild of residential school survivors, single mother of two children, and participant in the Indigenous Mother's Gateway Program constituted exceptional circumstances warranting relief from the minimum fine.
The court imposed a fine of $1,500 payable over 15 months and placed the defendant on probation for 15 months.
