R. v. Killiktee, 2013 ONCA 332

APPEAL BOOK ENDORSEMENT

1The appellant, Louisa Killiktee, seeks leave to appeal and, if leave is granted appeals her sentence of 9 years for manslaughter. The appellant submits that the sentence is outside the appropriate range for this offense, which she submits is 4 to 7 years, does not respect the principle of parity in that in R. v. Sakakeep and Keewasin-Gliddy, 2011 ONSC 1854 a young, aboriginal woman received a sentence of six years for manslaughter, and does not give meaningful effect to the appellant’s aboriginal status.

2We disagree, that the upper end of the range is seven years. The sentencing judge declined to apply Sakakeep, having regard to the appellant’s inability to abstain from substance abuse and her corresponding increasing aggression as a result of which she posed an increased risk to the community. Thus she not only considered but distinguished Sakakeep.

3Further, in our opinion, the sentencing judge gave proper effect to Gladue principles. Her reasons demonstrate great sensitivity to them. She held, however, that while rehabilitative and Gladue objectives must inform a fit sentence, they do not automatically trump other sentencing objectives. The sentencing judge recognized that a fit sentence must meet rehabilitative goals but that in this case public safety was paramount. We see no error in principle in her reasons and the sentence she imposed was fit.

4Accordingly while leave to appeal sentence is granted, the appeal as to sentence is dismissed.