CITATION: R v. Wilde, 2007 ONCA 434

DATE: 20070614

DOCKET: C47014

COURT OF APPEAL FOR ONTARIO

BORINS and SHARPE JJ.A. and WATT J. (ad hoc)

BETWEEN:

HER MAJESTY THE QUEEN

(Respondent

and

LEE ALEXANDER WILDE

(Applicant/Appellant)

Jonathan Rudin and Kimberly R. Murray for the appellant

Leslie Paine for the respondent

Heard: June 11, 2007

On appeal from the sentence imposed on August 15, 2006 by Justice Deborah J. Austin of the Ontario Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] As the appellant is an aboriginal offender, as the Crown concedes, the trial judge erred in law in failing to apply s. 718.2(e) of the *Criminal Code* or the Gladue case principles. Although the trial judge recommended that the sentence be served in an appropriate facility, the Correctional Services authority apparently did not follow this recommendation. The appellant’s mandatory release date is in one month. We agree that no restorative purpose would be served by requiring that he serve the additional month. Therefore, we would allow the appeal and reduce the appellant’s sentence to time served. The two Gladue reports received as fresh evidence should be forwarded to the appellant’s probation officer. As we feel that the twelve month period of probation may be inadequate to enable the appellant to receive restorative treatment, we would extend the period of probation to fifteen months.