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In sentencing, when an individual is found guilty of a criminal offence, a Canadian judge must consider the relevant provisions of the Criminal Code as well as relevant Canadian sentencing jurisprudence related to Indigenous Canadians. [3] This distinction is a result of disproportionate sentencing of Indigenous peoples in Canada. [4]
R v Ipeelee is a Supreme Court of Canada decision which reaffirmed the court's previous holdings in R v Gladue, in that when sentencing an Indigenous person, every sentencing judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous individual before the courts; and (b) the types of sentencing procedures and sanctions ...
The Supreme Court of Canada decision in R v Gladue both recognized this issue, and mandated justices to allow for provisions in sentencing that considered the historical and socio-economic factors that bring Indigenous peoples before the court, in order to reduce Indigenous over representation in the carceral system.
Indigenous people, who comprise 5% of Canada's population, account for about one-third of federal inmates - compared to just over one-fifth in 2015. High rates of Indigenous imprisonment are a ...
If the total sentence is less than two years, the defendant will serve their sentence in a provincial jail. [33] A sentencing judge also has the power to delay the time before a defendant is allowed to apply for parole. The maximum parole ineligibility period is half of the sentence or ten years, whichever comes first, unless the defendant is ...
This sentencing principle enforces deliberation for Canadian Judges; considering other sentencing options, rather than imprisonment – based upon factors of specific life, social and cultural circumstances of Indigenous offenders. [10] Subsection 718.2(e) is a guiding principle and not a substantive power.
Following the Supreme Court decision, sentencing courts began requiring pre-sentencing reports for aboriginal offenders, to specifically report on the factors which the Supreme Court held were required by s. 718.2(e), which Parliament had enacted in an attempt to lower the severe over-representation of Indigenous people within the Canadian ...
Canadian aboriginal law is the area of law related to the Canadian Government's relationship with its Indigenous peoples (First Nations, Métis and Inuit). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the Indian Act ...