Court of Appeal for Ontario

Citation: R. v. Warner, 2011 ONCA 367

Date: 2011-05-06

Docket: C53232

Before: Doherty, Goudge and Armstrong JJ.A.

Between:

Her Majesty the Queen Respondent

and

Manuel Warner Appellant

Counsel: Michael Davies, for the appellant Dena Bonnet, for the respondent

Heard: May 6, 2011

On appeal from the sentence imposed by Justice G. Renaud of the Ontario Court of Justice on September 1, 2010.

APPEAL BOOK ENDORSEMENT

[1] The trial judge should have expressly addressed the application of the Gladue principles: see R. v. Kakekagamick. The custodial portion of the sentence has been served and we would not interfere at this point in time. The appellant seem to be doing well. A parole plan has been proposed that includes a treatment program. We strongly urge the parole authorities to implement that program as soon as possible.

[2] The appeal is dismissed.