Court File and Parties
COURT OF APPEAL FOR ONTARIO
GOUDGE, LANG AND ROULEAU JJ.A.
BETWEEN:
HER MAJESTY THE QUEEN
Respondent
And
WARREN MATTHEW PARENTEAU
Appellant
Kimberly R. Murray and Jonathan Rudin for the appellant Parenteau
Leslie Paine for the Crown respondent
Heard and endorsed: April 2, 2007
On appeal from the sentenced imposed by Justice Donald C. Downie of the Ontario Court of Justice dated November 6, 2006.
APPEAL BOOK ENDORSEMENT
1The Crown concedes that the trial judge erred in law by failing to consider s. 718.2(e) of the Criminal Code which had the unfortunate effect of having sentence imposed without consideration of the different methodology it requires for assessing a fit sentence for an aboriginal offender.
2Having had the benefit of submissions, and a full Gladue report, and given the Crown’s proposal at trial, we conclude that for this aboriginal offender in these circumstances the fit sentence is time served, (which is now approximately 5 months) followed by a term of probation as imposed by the trial judge and on the same terms. We recommend the suggestions of the Gladue report be considered by the appellant’s probation officer.
3Leave to appeal granted and sentence varied accordingly.