The defendant, an Aboriginal member of the Lac Des Milles Lac First Nation, was found guilty of driving while suspended contrary to s. 53(1) of the Highway Traffic Act.
With 20 prior convictions for the same offence, the Crown sought 30 to 60 days in custody.
The defence argued that Gladue principles should apply to preclude incarceration.
The court found the pre-sentence report with Gladue considerations to be insufficient and deficient in addressing the unique systemic and background factors affecting the Aboriginal offender and the impact of those factors on the defendant.
The court ordered that a stand-alone Gladue report or supplementary report be provided before sentencing could proceed.
