Mandy Eason

The appellant, an Aboriginal woman with a history of trauma including residential school attendance, pleaded guilty to aggravated assault after causing permanent brain damage to her two-year-old child.

She was sentenced to two years less a day in custody.

On appeal, she argued the sentencing judge failed to adequately consider her circumstances as an Aboriginal offender under the Gladue framework and erred in assessing aggravating factors.

The Court of Appeal dismissed the appeal, finding that the sentencing judge properly applied the Gladue methodology and that a custodial sentence was appropriate given the gravity of the offence and the need for denunciation and deterrence.

The appellant, an aboriginal offender, appealed her 18-month sentence for aggravated assault, arguing the pre-sentence report fell short of Gladue requirements.

She sought to tender a more comprehensive Gladue report as fresh evidence.

The Court of Appeal admitted the fresh evidence but dismissed the appeal, finding the original sentence fit and appropriate given the serious violence of the offence and the extreme consequences to the victim.

The appellant, an Aboriginal offender and residential school survivor, appealed his sentence for sexually abusing his step-daughter.

The Court of Appeal found that the trial judge erred in principle by failing to consider the appellant's Aboriginal background and upbringing under s. 718.2(e) of the Criminal Code.

Balancing the severe aggravating factors of the offence against the appellant's tragic upbringing and physical ailments, the Court granted leave to appeal and reduced the sentence to four years.