The offender, an Indigenous man, pleaded guilty to robbery and possession of a restricted weapon following a planned jewellery store robbery.
The Crown sought a five-year sentence and a $162,500 fine in lieu of forfeiture.
Applying Gladue principles, the court imposed a total sentence of five years imprisonment, less credit for pre-sentence custody and house arrest.
However, the court declined to impose the fine in lieu of forfeiture, holding that Gladue principles can inform the exercise of discretion under s. 462.37(3) of the Criminal Code, and that imposing such a fine on an impoverished Indigenous offender would disproportionately harm his rehabilitation.
