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.

Following a conviction for assault causing bodily harm, the sentencing issue was whether the accused should receive a suspended sentence with a criminal record or a conditional discharge.

The court reviewed aggravating harm to the complainant, including concussion and whiplash, alongside mitigating factors including no prior record, mental health and substance use disorders, remorse, rehabilitation efforts, and Indigenous background.

Applying ss. 718 and 718.2 of the Criminal Code and the Gladue framework, the court emphasized restorative principles and the individualized circumstances of Indigenous offenders.

The court held that a non-custodial disposition without a criminal record was appropriate in the circumstances.

The accused was conditionally discharged and placed on probation for 18 months.

The accused was convicted of eight offences including possession of multiple controlled substances (fentanyl, cocaine, ketamine, methamphetamine, and GHB) for the purpose of trafficking, assault of a peace officer with intent to resist or prevent lawful arrest, attempt to take a weapon from a peace officer, and possession of proceeds of crime.

The court considered the accused's prior criminal record including two previous P4P convictions, his Indigenous background without connection to Indigenous culture (no Gladue report requested), his history of substance addiction, employment, and partial rehabilitation.

The court imposed a global sentence of five years, with four years for the P4P fentanyl index offence and one year consecutive for the assault of a peace officer, reduced by twelve months of combined Summers credit and Downes mitigation, resulting in four years remaining to serve.

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 accused, an Indigenous man, pleaded guilty to manslaughter after fatally stabbing the victim once in the chest during an argument while heavily intoxicated.

The Crown sought an eight-year sentence, arguing the offence was near-murder, while the defence proposed four to seven years.

Applying Gladue principles and weighing the accused's remorse, guilty plea, and history of trauma against the aggravating factors of intoxication and use of a weapon, the court imposed a sentence of six years' imprisonment, less credit for pre-sentence custody.

The appellant pleaded guilty to two counts of sexual assault against his teenage nieces and received a global sentence of eight years, which exceeded the Crown's proposed range of four to six years.

The majority held that the Anthony-Cook public interest test for joint submissions does not extend to contested sentencing hearings following a guilty plea, as contested sentencings do not offer the same degree of certainty and efficiency.

The majority further held that a sentencing judge's failure to provide notice and an opportunity for further submissions before exceeding the Crown's range is an error in principle, not a breach of procedural fairness, warranting appellate intervention only where the error had an impact on the sentence.

The majority dismissed the appeal, finding no demonstrated impact and no error in the sentencing judge's reasons.

Karakatsanis and Côté JJ. dissented, finding the failure to provide notice constituted a breach of procedural fairness, an independent right that does not require proof of actual prejudice, and would have allowed the appeal and remitted the matter to the Court of Appeal for sentencing afresh.

The offender, an Indigenous man, was found guilty of pointing a firearm, assault, assault with a weapon, and mischief to property against his spouse.

The Crown sought an upper reformatory sentence, while the offender sought a conditional sentence based on Gladue factors and his rehabilitative efforts.

The court weighed the need for denunciation and deterrence for spousal abuse involving firearms against the offender's unique background, intergenerational trauma from residential schools, and exceptional progress in counselling.

The court concluded that a combination of punitive and restorative objectives could be met with a conditional sentence of two years less a day, followed by two years of probation.

The offender, an Indigenous woman, was found guilty of robbery after participating in a planned home invasion to steal fentanyl from a vulnerable 67-year-old victim.

The Crown sought 21-24 months in custody, while the defence sought a conditional sentence.

Applying Gladue principles and considering the offender's significant rehabilitation, lack of future risk, and the recent Sharma decision allowing conditional sentences in these circumstances, the court imposed a 24-month conditional sentence followed by 12 months of probation.

The offender was convicted of two counts of second degree murder and two counts of wounding following an unprovoked public shooting.

The Crown sought consecutive periods of parole ineligibility totaling 30 years, while the defence sought concurrent periods of 12 years.

The court considered the offender's Indigenous background, difficult upbringing, and extensive criminal record.

The court imposed a life sentence with a total parole ineligibility period of 22 years for the murders, and concurrent 7-year sentences for the wounding counts.

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 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.

The accused was convicted of assault with a weapon and breach of probation following a violent attack on her housemate while the victim slept.

The accused struck the victim multiple times with an exercise rope with metal clips, causing significant injuries including head wounds requiring staples and stitches, and facial bruising.

The sentencing decision involved a detailed analysis of Gladue factors, given the accused's Indigenous heritage and traumatic background including childhood apprehension, foster care placement, family violence, and substance abuse issues.

Despite the serious nature of the offence and the accused's prior criminal record involving violence, the court imposed a custodial sentence of 187 days (after pre-sentence custody and bail condition credits) plus 18 months probation, reflecting the weight of Gladue considerations while maintaining proportionality and denunciation principles.

The accused pleaded guilty to criminal negligence causing death and failing to remain at the scene of an accident after deliberately using a vehicle to intimidate and cut off a cyclist during a dispute arising from a drug transaction.

The collision propelled the cyclist into a building, causing fatal head injuries.

The court considered Gladue factors, including the accused’s Indigenous background, family circumstances, addiction history, and efforts at rehabilitation.

Emphasizing denunciation and deterrence due to the deliberate endangerment of road users and the decision to flee the scene, the court imposed a penitentiary sentence.

Consecutive sentences were ordered for criminal negligence causing death and leaving the scene.

The offender was convicted by a jury of robbery arising from a violent street attack against a stranger in which the victim was punched and robbed of personal property.

The court considered aggravating factors including the random and brutal nature of the assault and the lasting psychological harm to the victim.

Mitigating factors included the offender’s status as a first offender, Indigenous background considered under s. 718.2(e) of the Criminal Code, and personal rehabilitation efforts.

Applying the principles from Gladue and Ipeelee, the court imposed a custodial sentence at the low end of the range and credited the offender for pre‑sentence custody and lengthy strict house arrest.

After credit, the remaining custodial term was ordered to be served intermittently with a probation order and ancillary orders.

The accused pleaded guilty to three counts of drug trafficking involving fentanyl and buprenorphine.

The court considered a joint sentencing submission recommending a global sentence of four years and one and a half months, with significant credit for pre-trial custody leaving a custodial term of two years less a day.

The sentencing judge reviewed the offender’s Gladue report detailing Indigenous background factors, intergenerational residential school trauma, addiction issues, and mental health challenges.

The court emphasized that Gladue principles must inform sentencing while recognizing the seriousness of fentanyl trafficking and the offender’s prior criminal record.

The joint submission was accepted and ancillary orders including a DNA order and lifetime weapons prohibition were imposed.

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.

Sentencing decision following a guilty plea to manslaughter arising from a fatal altercation between two intoxicated individuals in a wooded area.

The victim died from a crush injury to the neck caused by prolonged pressure, resulting in asphyxia.

The court considered extensive Gladue factors, including the offender’s Indigenous background, severe childhood trauma, poverty, substance abuse, cognitive difficulties, and the broader effects of colonialism and residential schools.

Aggravating factors included the violent nature of the death, the vulnerability of the elderly victim, and the offender’s prior record for violent offences.

Balancing denunciation and deterrence with the offender’s personal circumstances and prospects for rehabilitation, the court imposed a penitentiary sentence.

The offender pleaded guilty to incest contrary to s. 155 of the Criminal Code for engaging in a prolonged sexual relationship with his adult granddaughter, whom he had raised since childhood.

The conduct occurred over several years and involved repeated sexual intercourse while the victim remained emotionally and financially dependent on the offender.

The court found significant aggravating factors, including abuse of a position of trust, grooming behaviour, and attempts to intimidate the victim after disclosure.

Although the offender was an Indigenous residential school survivor with no criminal record and a Gladue report was considered, the court held that denunciation and deterrence required a custodial sentence.

A conditional sentence was rejected as inconsistent with the seriousness of the offence.

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.

The offender was convicted by a jury of aggravated assault after attacking a teenage victim who had been forced to kneel and apologize before being struck and repeatedly kicked.

The victim suffered multiple facial fractures requiring surgery and continued to experience lasting physical and psychological harm.

At sentencing, the court considered the offender’s youth, Indigenous background, difficult family history, substance abuse issues, and lack of prior violent convictions.

While denunciation and deterrence were significant given the violent and premeditated nature of the attack, the court placed meaningful weight on rehabilitation.

The court imposed an 18‑month custodial sentence in a provincial institution followed by three years of probation, together with weapons prohibitions and a DNA order.