The court sentenced an offender convicted of assault with a weapon and two breaches of probation committed while under existing supervision.
The sentencing analysis addressed proportionality under ss. 718.1 and 718.2(e) of the Criminal Code, including reduced moral blameworthiness linked to FASD and accepted Indigenous ancestry, while recognizing significant public safety concerns arising from knife-related violence in a public transit setting.
The court held that denunciation and deterrence had limited but continuing force, and that a purely rehabilitative disposition was not fit given the offence gravity and limited structure in the offender’s circumstances.
A short custodial term, constrained by Indigenous and neurodevelopmental factors, followed by lengthy probation with treatment-oriented and protective conditions, was imposed.
