IndiGenius & Associates | GLADUE DECISIONS
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GLADUE DECISIONS

Gladue at the Ontario Court of Appeal

Extending the reach of Gladue at the Ontario Court of Appeal

R v. SIM

In Sim, the Ontario Court of Appeal extended the reach of Gladue to decisions of the Ontario Review Board. The decision stands for the proposition that Gladue principles are engaged whenever a decision-maker is dealing with the liberty of an Aboriginal person at any stage of the justice system.

R v. JENSEN

In Jensen the Court of Appeal makes it clear that Gladue considerations are to be considered even where the issue the period of parole ineligibilty following a conviction for second degree murder.

R v. BRIZARD

In Brizard the Court of Appeal reaffirmed that s. 718.2(e) and Gladue apply to all Aboriginal offenders, even those who are not connected to the Aboriginal community.

R v. KAKEKAGAMICK (I)

In Kakekagamick (I) the Court of Appeal stated that if a sentencing judge does not take into account s. 718.2(e) in sentencing an Aboriginal offender then the appeal court can request a Gladue Report.

R v. KAKEKAGAMICK (II)

In Kakekagamic (II) the Court of Appeal expands on its decision in Brizard and indicates that sentencing judges must do more than merely mention the fact that an offender is Aboriginal to meet the criteria of s. 718.2(e). The Court also restates the methodology around the sentencing of an Aboriginal offender and discusses the information that the judge should receive in such cases.

Gladue at the Ontario Superior Court

A review of Gladue decisions at the Ontario Superior Court

R v. BAIN

A decision by Mr. Justice Archibald stating that the Gladue principles apply to bail hearings.

R v. CRAWFORD

A decision by Madam Justice Wein that failure to consider Gladue at a bail hearing is an error of law.

R v. LINKLATER

In Brizard the Court of Appeal reaffirmed that s. 718.2(e) and Gladue apply to all Aboriginal offenders, even those who are not connected to the Aboriginal community.

R v. MUMFORD

(I) In Kakekagamick the Court of Appeal stated that if a sentencing judge does not take into account s. 718.2(e) in sentencing an Aboriginal offender then the appeal court can request a Gladue Report.

R v. TAYLOR

A sentencing decision by Mr. Justice Crane on a charge of manslaughter.

Gladue at the Ontario Court of Justice

An overview of sentencing decisions at the Ontario Court of Justice

R v. AMICHAND

A sentencing decision by Mr. Justice Knazan dealing with the appropriateness of a conditional sentence for an Aboriginal offender who accumulated a significant amount of pre-trial custody and pled guilty to a number of offences occurring at different times some of which require a sentence of greater than two years. Please note that this case has been appealed to the Ontario Court of Appeal.

R v. BOISSONEAU

A decision by Justice Bignell finding that the provisions regarding minimum sentences for impaired drivers do not violate s. 7 (the principles of fundamental justice) and s. 15 (1) (equality) of the Charter of Rights. For the opposite view, please see R v. King, below.

R v. CLARKE

A sentencing decision by Mr. Justice Sheppard on charges of break and enter and robbery.

R v. CRANE

A sentencing decision by Mr. Justice Sheppard on charges of theft under x 3, carry concealed weapon, fail to appear x2, and breach of probation.

R v. DAYFOOT

A sentencing decision by Madam Justice Shamai on a robbery charge for an offender diagnosed with FASD/ARND.

R v. DEBASSIGE

A sentencing decision by Mr. Justice Sheppard on a charge of assault with a weapon.

R v. DORIAN

A sentencing decision by Mr. Justice Bentley on charges of robbery and assault bodily harm.

R v. JOHN

A sentencing decision by Madam Justice McGowan on a charge of manslaughter.

R v. K.

A sentencing decision by Mr. Justice Horkins on a charge of arson.

R v. KING

A decision by Mr. Justice Knazan finding that the provisions regarding minimum sentences for impaired drivers violate s. 7 (the principles of fundamental justice) and s. 15 (1) (equality) of the Charter of Rights.

R v. LABRADORE

A sentencing decision by Mr. Justice Sheppard on a charge of robbery.

R v. LAFFERTY

A sentencing decision by Mr. Justice Cole on charges of theft over, possession of property obtained by crime over, dangerous operation of a motor vehicle, fail to remain at the scene of an accident, assault police officer and mischief under x 2.

R v. LONGBOAT

A sentencing decision by Madam Justice Zivolak on charges of assault police, mischief and fail to comply x3.

R v. P.

A sentencing decision by Mr. Justice Reinhardt on a charge of aggravated assault where the victim was the nine month old son of the offender.

R v. PAUL

A sentencing decision by Mr. Justice Knazan on two serious assaults where the offender is suspected of suffering from Fetal Alcohol Spectrum Disorder.

R v. PHILLIPS

A sentencing decision by Mr. Justice Lenz on a charge of manslaughter.

R v. VANEVERY

A sentencing decision by Madam Justice Zivolak on a charge of operation of motor vehicle while disqualified.

R v. WILDE

A sentencing decision by Madam Justice Omatsu on a charge of robbery.

Gladue at the Youth Court

A Gladue sentencing decision at the Youth Court

R v. J.D. and F.D.

A sentencing decision by Mr. Justice Harris involving two youth charged with assault causing bodily harm and aggravated assault.