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R. v. Gladue, [1999] 1 S.C.R. 688


G stabbed fiancé in heart. Drunk at time. Had been in fight earlier that night. During time before trial she moved back in with her father. Went back to school. Began drug and alcohol counseling. No mention was given about her being an Aboriginal Offender at trial.

s.718.2(e) – all available sanctions other than imprisonment that are reasonable should be considered for offenders, with specific attention being paid to Aboriginal offenders.


Should s.718.2(e) be understood as being remedial in nature? – should they use different framework when sentencing Aboriginal peoples.


s.718.2(e) is remedial in nature and particular attention should be paid to Aboriginal persons, as well this sections plus all other in Part XXIII should be considered when sentencing someone. Judges are encouraged to look at restorative sentencing approaches
**Judges should look at systemic factors when sentencing Aboriginal Offenders


Sentencing is an individual process – should be looked at in particular situation. Restorative justice should involve restitution and reintegration into the community.

s.718.2(e) – treat Aboriginal offenders differently.
**Background unique, types of sentencing procedures.
**May take judicial notice of the broad systematic background affecting Aboriginal people.
**Applies to all Aboriginal people wherever they reside.
**A jail term for an Aboriginal person may be less then a non-Aboriginal person of the same offence


S.718.2(e) – there is a new framework that judges should consider when sentencing Aboriginal offenders


You begin by looking at restorative purposes first when sentencing Aboriginals.
Judge erred because he said she didn’t live on the reserve so she didn’t have the same systemic factors as someone would who lived in the reserve.

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