Gladue principles

The offender, an Indigenous man, pleaded guilty to robbery and possession of a restricted weapon following a planned jewellery store robbery.

The Crown sought a five-year sentence and a $162,500 fine in lieu of forfeiture.

Applying Gladue principles, the court imposed a total sentence of five years imprisonment, less credit for pre-sentence custody and house arrest.

However, the court declined to impose the fine in lieu of forfeiture, holding that Gladue principles can inform the exercise of discretion under s. 462.37(3) of the Criminal Code, and that imposing such a fine on an impoverished Indigenous offender would disproportionately harm his rehabilitation.

The accused pleaded guilty to sexual assault causing bodily harm, uttering a death threat, and unlawful confinement following a violent, random attack on a stranger in a public place.

The Crown sought a penitentiary sentence of 8 to 10 years, while the defence sought 4 years, citing the accused's Indigenous background and Gladue factors.

The court weighed the severe aggravating factors of the unprovoked, prolonged attack against the mitigating factors of the accused's guilty plea, remorse, and Indigenous background.

The court imposed a global sentence of 7 years imprisonment, less credit for pre-sentence custody.

The accused, an Indigenous person with a history of substance abuse, was detained for six months on charges including trafficking in persons.

A detention review was held under s. 525 of the Criminal Code.

The court found that while the initial detention was justified on secondary grounds, the accused's subsequent rehabilitation efforts and a new release plan involving family sureties mitigated the risks.

The court also found the tertiary ground for detention was not met, emphasizing the need to apply Gladue principles.

The accused was ordered released on strict house arrest conditions.

The Crown applied to have the offender designated a dangerous offender and sentenced to an indeterminate period of incarceration following convictions for aggravated assault, break and enter, choking, and failing to comply with probation.

The offender conceded he met the criteria for a dangerous offender designation but sought a determinate sentence.

The court designated the offender a dangerous offender.

After considering Gladue factors, expert psychiatric evidence regarding the offender's antisocial personality disorder and substance use disorder, and the potential for risk reduction through treatment and aging, the court concluded a lesser measure than an indeterminate sentence would adequately protect the public.

The court imposed a determinate sentence of 8 years (in addition to presentence custody) followed by an 8-year Long-Term Supervision Order.

The applicant, an Indigenous man charged with sexual assault and sexual interference involving a seven-year-old child, applied for a bail review under s. 520 of the Criminal Code.

He sought to overturn a detention order made at his show cause hearing.

The court found that the show cause judge did not err in law or make a clearly inappropriate decision in detaining the applicant on the primary and secondary grounds, given his outstanding charges, history of non-compliance, and concerns regarding the proposed surety.

The application was dismissed and the detention order was upheld.

The accused, an Indigenous man struggling with drug addiction, pleaded guilty to multiple offences including breaking and entering, theft, and the unauthorized transfer of a restricted firearm.

The court considered a constitutional challenge to the three-year mandatory minimum sentence under s. 99(2) of the Criminal Code.

Following coordinate jurisdiction decisions, the court found the mandatory minimum violated s. 12 of the Charter and declared it of no force or effect.

Applying Gladue principles and noting the accused's significant rehabilitation efforts, the court imposed a 9-month conditional sentence followed by 12 months of probation.

The appellant was convicted of historic sexual offences against his cousin committed when she was a young girl.

He was sentenced to two years less a day in jail and three years' probation.

The appellant appealed his conviction arguing the trial judge engaged in an unbalanced approach to evidence resulting in a reversal of the burden of proof and failure to give effect to the presumption of innocence.

The Crown sought leave to appeal the sentence, arguing the trial judge improperly applied Gladue principles and underemphasized deterrence and denunciation.

The Court of Appeal dismissed both the conviction appeal and the sentence appeal.

The offender was found guilty of possessing brass knuckles and attempting to take them, along with a loaded airgun, in his checked luggage on a commercial flight.

The Crown sought a six-month custodial sentence, while the defence requested a suspended sentence.

Applying Gladue principles and considering the offender's Aboriginal heritage, positive rehabilitation efforts, and lack of nefarious intent, the court imposed a suspended sentence with 18 months of probation and 150 hours of community service.

The accused, an Aboriginal woman, pleaded guilty to manslaughter after fatally stabbing her common-law spouse during an alcohol-fueled altercation.

The court considered Gladue principles, the accused's history of trauma and substance abuse, and the aggravating factor of spousal violence.

The court imposed a sentence of four years imprisonment, reduced to 657 days after pre-sentence custody credit, followed by three years of probation.

The offender, a habitual criminal with 62 prior convictions, drove a stolen truck through a red light while evading police, striking and killing another driver before fleeing the scene.

He was convicted of criminal negligence causing death, failing to remain, possession of stolen property, and driving while disqualified.

The court considered his Aboriginal heritage as a mitigating factor under the Gladue framework but emphasized the paramount need for denunciation and protection of the public.

A global sentence of 15 years' incarceration was imposed, along with a lifetime driving prohibition and delayed parole eligibility.

The offender, an indigenous man with no prior criminal record, was convicted of sexual assault and unlawful confinement after attempting to force sexual contact with the victim in a change room.

The Crown sought a two-year less a day jail sentence, while the offender sought a six-month conditional sentence.

The court weighed the aggravating factors of the violent nature of the assault and its emotional impact on the victim against the mitigating factors, including the offender's Gladue factors, lack of criminal record, and community support.

The court concluded that a conditional sentence would not adequately address the need for denunciation and general deterrence, sentencing the offender to six months in jail followed by three years of probation.

The defendant pleaded guilty to driving with a suspended license and operating a motor vehicle without insurance.

The Crown sought statutory minimum fines of $2,000 and $5,000 respectively.

The court imposed reduced fines of $1,200 and $750, exercising discretion under s.59(2) of the Provincial Offences Act to depart from minimum penalties where exceptional circumstances exist.

The court considered Gladue principles applicable to Aboriginal offenders, the defendant's systemic disadvantages, poverty, and lack of access to court processes, while maintaining that public safety and deterrence remain essential sentencing objectives.

The court sentenced an Indigenous offender following a guilty plea arising from a fatal shooting within a First Nation community.

The sentencing judge emphasized the importance of reconciliation, the historical and social context affecting Indigenous communities, and the application of s. 718.2(e) of the Criminal Code and Gladue principles.

The offender received credit for significant pre‑trial custody and was sentenced to an additional custodial term pursuant to a joint submission by counsel.

The court also issued ancillary orders including a DNA order and a firearms prohibition order, subject to a limited exception permitting firearm use for sustenance hunting in accordance with Indigenous practices.

The offender was convicted of historical sexual interference and invitation to sexual touching against a child who was 9 to 12 years old at the time.

The abuse occurred over a two-year period while the offender lived with the victim's family.

The court found the offender was in a position of trust and the abuse was prolonged and frequent.

The court sentenced the offender to three and a half years' imprisonment, with six months' credit for strict bail conditions, resulting in a net sentence of three years in the penitentiary, along with SOIRA, DNA, weapons prohibition, and s. 161 orders.

Sentencing decision for robbery and multiple breaches of recognizance arising from a late-night convenience store robbery in which the offender threatened to shoot the clerk with a purported firearm.

The offender pleaded guilty and had served approximately 16 months of pre‑trial custody, credited as two years.

The court considered the offender’s extensive criminal record alongside Gladue factors, including a traumatic upbringing, substance abuse, and systemic issues affecting Indigenous offenders.

Applying the principles from Gladue, Wells, and Ipeelee, the court found the punitive objectives of sentencing had been satisfied by pre‑trial detention.

A suspended sentence with three years’ probation was imposed, with rehabilitative and community‑based conditions.

The applicant sought review of a detention order under s. 520 of the Criminal Code after bail was denied on secondary grounds.

He argued the justice of the peace misapplied the Gladue principles and presented a new release plan involving multiple sureties and structured cultural and community activities.

The reviewing judge found the justice of the peace had sufficient evidence regarding the applicant’s Indigenous background and properly considered Gladue factors when assessing detention.

The court further concluded the proposed bail plan lacked meaningful community support and that the proposed sureties minimized or denied the applicant’s extensive violent criminal history.

The application was therefore dismissed and the detention order maintained.

The offender pleaded guilty to two counts of assault causing bodily harm arising from a violent attack involving a bottle that injured two victims.

The offences occurred approximately sixteen years before sentencing, during which time the offender relocated, established employment, maintained a stable relationship, and demonstrated rehabilitation.

The court considered Gladue principles given the offender’s Indigenous background, as well as the long delay between the offence and sentencing and the offender’s significant rehabilitative efforts.

Balancing denunciation and general deterrence against rehabilitation and the restraint principle under s. 718.2(e) of the Criminal Code, the court declined to impose custodial or conditional sentence imprisonment.

A suspended sentence with probation and community service was imposed along with ancillary orders.

The accused, a 40-year-old Aboriginal man, pleaded guilty to sexually interfering with a 14-year-old girl who was a close friend of his daughter.

The offence involved multiple sexual acts, emotional manipulation, and a breach of trust.

The Crown sought a penitentiary sentence of two to three years, while the defence sought a lower reformatory sentence or intermittent custody.

The court imposed an eight-month jail sentence, applying Gladue principles while balancing denunciation and general deterrence.

The sentence also included a two-year probation order with conditions, a 20-year SOIRA order, a DNA order, and a 10-year prohibition order under section 161 of the Criminal Code.

The Crown appealed a 14-month conditional sentence imposed for aggravated assault.

The respondent conceded that a conditional sentence was not legally available for this offence.

The Court of Appeal agreed that a sentence of incarceration was appropriate but, noting the respondent had already served 11 months of the sentence, his strong rehabilitative potential, and Gladue principles, varied the sentence to 11 months' time served plus 12 months' probation.

The offender was convicted after trial of aggravated assault and three counts of breach of probation arising from an unprovoked and vicious beating of a victim in February 2011, which resulted in severe traumatic brain injury and permanent cognitive and physical impairment.

The offender also pleaded guilty to common assault and two counts of breach of probation for assaulting another inmate while in custody in May 2011.

The sentencing court imposed a custodial sentence balancing denunciation and deterrence against rehabilitation, with particular consideration given to the offender's Aboriginal status, youth, and background trauma, while recognizing the serious nature of the violent offences and the significant harm inflicted on the victims.