The offender, an Indigenous man, was convicted of sexual assault and choking.
At sentencing, he challenged the constitutionality of s. 742.1(f)(iii) of the Criminal Code, which prohibited conditional sentences for sexual assault.
The court found the provision violated ss. 7 and 15 of the Charter and was not saved by s. 1, declaring it of no force and effect.
Applying Gladue principles, the court considered the offender's severe childhood trauma, intergenerational trauma, and alcoholism, which reduced his moral blameworthiness.
The court imposed a blended sentence of a 2-year less a day conditional sentence for the sexual assault and a concurrent 90-day intermittent jail sentence for the choking.
