Aboriginal Legal Services
ONTARIO COURT OF APPEAL
Gladue at the Ontario Court of Appeal:
Please browse the resources below...
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 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.