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The new face of Aboriginal sentencing

Monday, February 05, 2018 @ 8:57 AM | By Laurelly Dale

R. v. Gladue [1999] 1 S.C.R. 688 is 19 years old. How many readers have honestly read Gladue? As with many SCC cases, key paragraphs become routine submissions. The essence and spirit of Gladue is sometimes lost. Fresh cases are necessary to modernize Gladue. One of the most impactful judgments rendered this past year was R. v. Morrisseau 2017 ONCJ 307. Anyone involved in the criminal justice system in Canada should read this case.

Morrisseau was the sentencing of an Aboriginal male from the Couchiching First Nation in Northwestern Ontario. He...