Indigenous offender

The appellant appealed his convictions on three counts under the Controlled Drugs and Substances Act and sought leave to appeal his sentence.

The appellant argued the trial judge erred by failing to self-instruct on Vetrovec in relation to the co-accused's testimony and that the trial judge unevenly scrutinized the evidence.

The Court of Appeal found no error, noting ample independent corroborative evidence supported the co-accused's testimony.

On sentence, the appellant argued the trial judge failed to perform a proper Gladue analysis, but the court found no error given the Gladue Writer Program's inability to prepare a report and the trial judge's careful consideration of the appellant's circumstances.

Both the conviction appeal and sentence appeal were dismissed.

Sentencing of a declared dangerous offender serving a ten-year long-term supervision order for two counts of failing to comply with LTSO conditions, namely cocaine consumption and failure to provide documented financial information.

The court assessed the offender's extensive criminal record of violent robberies, his intractable substance abuse directly linked to violent recidivism, the intergenerational trauma stemming from the residential school and child welfare systems, and his inconsistent rehabilitative engagement, concluding that public protection must predominate as an enhanced sentencing objective notwithstanding applicable Gladue factors.

The defendant pleaded guilty to three charges: threatening a corrections officer, assault with a weapon against his domestic partner, and breach of a bail order not to possess weapons.

The Crown sought seven months custody plus three years probation.

The defendant sought ninety days intermittent custody plus probation.

The court imposed a suspended sentence with two years probation and ancillary orders, crediting fifty-four real days of pre-sentence custody as equivalent to eighty-one days.

The judgment reflects extensive consideration of the defendant's traumatic background, mental health issues, and systemic failures in the criminal justice system, while acknowledging the seriousness of the offences and the defendant's extensive criminal record.

The accused was convicted of aggravated assault, robbery, and breach of a probation order following a brutal, premeditated attack on the victim in a schoolyard.

The victim suffered permanent loss of sight in one eye and other serious injuries.

The court imposed a sentence of 5 years imprisonment for aggravated assault, with 2 years concurrent for robbery and 6 months concurrent for breach of probation.

The court rejected the Crown's submission for 6-7 years and the defence submission for 4 years, finding that 5 years was appropriate given the seriousness of the offence, the victim's life-changing injuries, the premeditated nature of the attack, and the accused's lengthy criminal record, while noting the record did not include serious prior violent offences.

The accused, an Indigenous offender, pleaded guilty to breaching his Long Term Supervision Order (LTSO) by failing to report his contact with a female.

The LTSO was imposed following a prior conviction for sexual assault, and the breached condition was central to managing his risk of reoffence.

The court considered the accused's extensive criminal record, his history of non-compliance with court orders, and the systemic factors detailed in his Gladue report.

Emphasizing denunciation and deterrence while applying Gladue principles, the court sentenced the accused to 42 months' imprisonment, less 1.5:1 credit for pre-sentence custody, leaving 120 days to serve.

The appellant abandoned his conviction appeal but proceeded with a sentence appeal.

The Crown conceded that a Gladue report, which was not considered at the original sentencing, should be accepted as fresh evidence on appeal.

The Court of Appeal accepted the Crown's concession and varied the sentence to a global sentence of 7 years less pre-trial custody of 2.5 months.

The Court imposed 6 years for robbery and 1 year concurrent for counts 5 and 6, consecutive to the robbery count, with pre-trial custody applied to reduce the 1-year sentence to a net of 9.5 months.

The Court rejected submissions for a 6-year global sentence and denied credit for house arrest due to bail breaches and absconding.

The accused pleaded guilty to criminal negligence causing the death of three people after operating an overloaded, ill-equipped boat in severe weather while impaired by alcohol, despite police warnings.

The court considered the accused's Indigenous background and intergenerational trauma detailed in a Gladue report.

Balancing denunciation and deterrence with rehabilitation, the court sentenced the accused to 18 months in custody followed by three years of probation, along with ancillary orders including a DNA order and a qualified boating prohibition.

The defendant pleaded guilty to trafficking cocaine (crack) involving a small amount.

The Crown sought a sentence in the 6-12 month range, while the defence sought a suspended sentence.

The court imposed a suspended sentence with 24 months probation, including conditions for counselling, assessment for Fetal Alcohol Syndrome Disorder, and 40 hours of community service.

The court considered the defendant's vulnerable circumstances, lack of criminal record, guilty plea, and extensive Gladue report detailing her Indigenous heritage and personal history of trauma and marginalization.

Benjamin Marki was found guilty by a jury of two counts of second-degree murder, one count of intentionally or recklessly causing damage by fire to a residence, and one count of improperly interfering with human remains.

The convictions stemmed from the brutal stabbing deaths of two victims, Wilfred Potts and Anne Chuchmuch, followed by the deliberate setting of fire to their residence and Ms. Chuchmuch's body.

The court considered the mandatory life sentence for murder and determined the parole ineligibility period, taking into account the offender's character, the nature and circumstances of the offences, the jury's recommendations, and Gladue factors.

The court imposed a life sentence with no parole eligibility for 20 years on each murder count, to be served concurrently, along with time served for the arson and indignity to human remains charges.

The accused pleaded guilty to multiple offences including assault with weapon, forcible confinement, and assault causing bodily harm arising from a pattern of domestic violence against his intimate partner over seven years.

The Crown sought a dangerous offender designation.

The court declined to designate the accused as a dangerous offender, finding that his violent conduct was not intractable and that there was a realistic possibility of eventual control in the community through intensive treatment offered by Corrections Canada.

The court instead designated him as a long-term offender and imposed a sentence of three years imprisonment followed by a ten-year long-term supervision order with conditions including dialectical behaviour therapy, substance abuse counselling, and intimate partner violence counselling.

Following conviction for robbery while armed with a handgun and having face masked, the court imposed a sentence of three and a half years in penitentiary plus enhanced credit for pre-trial custody totaling approximately six years.

The court balanced serious aggravating factors including the use of a firearm in a public place, careful planning, and significant victim impact against mitigating factors including the offender's youth, Indigenous heritage, educational achievements, and future prospects.

The court applied Gladue principles while recognizing that denunciation and deterrence remain paramount for firearm-related offences.

An Indigenous offender pleaded guilty to heroin trafficking offences and possession of proceeds of crime.

The sentencing proceeded through a sentencing circle, a restorative justice process involving the offender's family, community members, and an Elder.

The offender had completed residential rehabilitation treatment and demonstrated significant personal transformation.

The court imposed a suspended sentence on trafficking counts with concurrent probation, one day custody on possession for purpose of trafficking (credited for time served), and a concurrent twelve-month conditional sentence on the proceeds count.

The decision emphasizes restorative justice principles, the impact of intergenerational trauma on Indigenous offenders, and the connection between remorse and rehabilitation.

The accused, a 31-year-old First Nations woman, pleaded guilty to breaching a long-term offender supervision order by testing positive for cocaine metabolites.

The Crown sought 18 months imprisonment.

The court imposed a sentence of 1 day, taking into account the accused's Gladue factors, including her status as a Residential School survivor, her history of trauma, her addiction issues rooted in systemic discrimination against Indigenous peoples, and her rehabilitation potential.

The court emphasized the importance of restraint in sentencing Indigenous offenders and the principle of rehabilitation.

The offender pleaded guilty to robbery committed against a taxi driver.

The court imposed a sentence of 9.5 months imprisonment followed by two years probation, taking into account the offender's Indigenous background, systemic factors, mental health challenges, and the harsh conditions of pre-sentence custody, while balancing the serious nature of the offence, the vulnerability of the victim, and principles of denunciation and deterrence.

The offender was convicted after trial of robbery with violence, disguise with intent, and uttering threats arising from a convenience store robbery in which the offender assaulted and threatened the store clerk while stealing cigarettes and money.

At sentencing, the court considered the offender’s extensive criminal record, including numerous prior convictions for violent and related offences, and applied the sentencing principles in ss. 718, 718.1, and 718.2(e) of the Criminal Code, including consideration of the offender’s Indigenous background.

The court found denunciation, deterrence, separation from society, and rehabilitation to be the dominant sentencing objectives.

Despite the offender’s difficult upbringing and family circumstances, his chronic recidivism and the violent nature of the offence were significant aggravating factors.

A global custodial sentence of 33 months’ imprisonment was imposed, with credit for pre-sentence custody and concurrent sentences on the related counts.

Following a jury conviction for sexual assault under s. 271 of the Criminal Code, the court imposed sentence for an offence involving penetration and a breach of trust where the offender was the complainant’s stepfather.

The court considered the principles in s. 718.2(e) and the Supreme Court of Canada decisions in Gladue and Ipeelee, including systemic factors affecting Indigenous offenders, based on a detailed Gladue report.

Aggravating factors included the breach of parental trust and the devastating psychological impact on the victim, including a suicide attempt shortly after the assault.

Mitigating factors included the offender’s lack of criminal record, expressed remorse, sobriety since arrest, and prospects for rehabilitation.

A penitentiary sentence at the low end of the range was imposed together with mandatory ancillary orders.

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 pleaded guilty to assault and two related breaches of court orders involving a former intimate partner.

The sentencing court considered the principles in s. 718 and s. 718.2(e) of the Criminal Code and applied the Gladue framework, taking into account systemic and background factors affecting the offender as an Indigenous person from a remote northern community.

Despite these mitigating considerations, the court emphasized the accused’s significant criminal record, repeated breaches of court orders, and a pattern of violence against the same complainant.

The court concluded that denunciation, deterrence, and protection of the complainant required a custodial sentence.

The accused received a global sentence of six months for assault plus 60 days consecutive for breach of recognizance and 30 days concurrent for breach of probation, with credit for pre‑sentence custody and a two‑year probation order.

The offender was convicted of sexual assault and invitation to sexual touching involving a child who lived with him in a family setting.

The offences occurred repeatedly over several years and included acts of oral sex, masturbation, and two incidents of anal penetration while the offender stood in a position akin to a parent.

The court considered aggravating factors including the prolonged abuse, threats, the offender’s position of trust, and the lasting impact on the victim.

A Gladue report detailing the offender’s Indigenous background, substance abuse history, poverty, and systemic disadvantages was considered.

Emphasizing denunciation and deterrence for child sexual abuse, the court imposed concurrent penitentiary sentences totaling five years.

The offender pleaded guilty to sexual interference and sexual assault involving a 17‑year‑old who sought spiritual healing from him.

The offender, a respected cultural leader and pipe carrier within the Ojibway community, exploited a position of trust by persuading the complainant that sexual touching was part of a healing ritual.

The court considered significant aggravating factors including the victim’s age, the abuse of authority, and a prior conviction for sexual assault.

Mitigating factors included a guilty plea, remorse, deteriorating health, and extensive Gladue factors detailing systemic and personal hardships experienced by the Indigenous offender.

Balancing denunciation and deterrence with the offender’s background, the court imposed a custodial sentence followed by probation and ancillary orders.