Court File and Parties

CITATION: R. v. Parenteau, 2007 ONCA 255

DATE: 20070410

DOCKET: C46581

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

[1] The 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.

[2] Having 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.

[3] Leave to appeal granted and sentence varied accordingly.