The respondent, an Aboriginal person, entered guilty pleas to Operation Impaired and Refuse Breath Sample.
She challenged the Crown's request for a bifurcated sentencing process, arguing that Ontario's failure to proclaim the curative discharge provision in the Criminal Code discriminates against Aboriginal persons and violates their Charter equality rights.
The Crown sought to first determine an appropriate sentence before addressing the constitutional question.
The court rejected the bifurcated approach, finding that a full sentencing analysis considering Aboriginal circumstances and the Charter challenge must proceed together to ensure fairness and a complete record for appeal.
