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Indispensable Sentencing Tool or Inconsistent Sentencing Technique?
Contributor(s)
Tisa Keller (author); Doug King (thesis advisor); Mount Royal University Faculty of Arts (Degree granting institution)
Date issued
April 2021; April 2021
Description
Two decades have passed since section 718.2(e) of the Criminal Code of Canada was enacted and subsequently interpreted by the Supreme Court of Canada in the landmark case R v. Gladue (1999, 1 SCR 688). This section requires judges to consider the unique systemic and background factors of an Aboriginal offender during the sentencing process to establish a proportionate sentence, thereby emphasizing restorative justice. Since the Supreme Court’s judgement in Gladue, a special form of pre-sentence report, known as a Gladue Report, has emerged to provide a tailored, comprehensive assessment of an Indigenous offender’s circumstances to assist sentencing judges in complying with their statutory...
Appears in collection(s)
Undergraduate Student Research