2 total
Sentence appeal dismissed; trial judge correctly applied Gladue principles despite minor misstatement of law.
The appellant, an aboriginal offender, appealed his sentence of 3 years and 4 months for sexual assault, arguing the trial judge erred in applying Gladue principles.
The Court of Appeal found that while the trial judge incorrectly stated that Gladue considerations are less applicable to more serious offences, he ultimately applied the principles correctly and took the relevant factors into account.
A fresh Gladue report did not materially add to the information before the trial judge.
The appeal was dismissed given the seriousness of the offence.
Franchisor remains a named respondent in human rights application pending full evidentiary hearing.
The applicant filed a human rights application against a Tim Hortons franchisee and its franchisor, The TDL Group Corporation.
The Tribunal requested written submissions on whether the franchisor should remain a named respondent.
The applicant argued the franchisor had sufficient control over the franchisee's operations to be deemed an employer, and that removing it at a preliminary stage would be premature.
The franchisor withdrew its request for early dismissal.
The Tribunal directed that the franchisor remain a named respondent, noting that the question of its liability should be determined following evidence and argument at the hearing.
