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Newfoundland Supreme Court - Trial Division.. A Healing Circle in the Innu Community of Sheshashit

This is the report, attached to a sentencing decision, of a healing circle in a Native community in Canada in response to an assault case. The offender was non-Native, and the victim was Native (Innu). The report details the participants (including the offender and the victim), the principles, the process, and the outcomes of the healing circle for the participants.

Supreme Court of Canada.. Application of s.718.2(e) of the Criminal Code: R. v. Gladue

This is an excerpt from the Supreme Court of Canada's decision concerning the meaning and application of a section of the Criminal Code of Canada with respect to alternative sentencing, particularly for Aboriginal offenders, but not limited to such. The decision discusses the goals of sentencing and explicitly examines restorative elements in sentencing - especially accountability and acknowledgment of the harm done, and restitution and reparation for that harm - as codified in this section of the Criminal Code.

Lipton, S E. Reasons for disposition of the Honourable Judge S.E. Lipton. R. v. C.L.T., 2002 ABPC 116.

This document presents the reasons given by Judge S.E. Lipton, Provincial Court of Alberta, for his disposition of a particular case. On May 31, 2002, final arguments were given by counsel with respect to charges for which C.L.T. (the “young person"?) had earlier entered guilty pleas. Pursuant to the guilty pleas, counsel for the Crown asked the court to impose on the young person a sentence of two years secure custody followed by probation, a weapons prohibition, and a DNA order. Counsel for the young person, agreeing with the weapons prohibition and making no submission with respect to the DNA order, asked the court to impose a sentence of probation. The document covers the agreed facts of the case, background information on the young person and the victim, analysis of the case by the judge, the judge’s reasoning on the age of the offender and the sentencing provisions of the Young Offenders Act, and the judge’s disposition of the case.

Panko, Charmaine. R. v. T.D.P.: A Young Offender, His Sentencing Circle, and the YCJA.

In this paper, Charmaine Panko discusses a Canadian case – R. v. T.D.P. – where the accused was a young offender. In the sentencing process, the judge directed that a sentencing circle be used. The judge’s remarks in doing so pointed to the value in this kind of restorative justice process, namely that certain factors were brought to light about the young offender’s life and community situation that may not have been included in the disposition of the case otherwise. While this case evidences some of the benefits of sentencing circles with respect to young offenders, Panko comments that it also shows some of the challenges in this kind of disposition. Panko details all of this by looking at the principles and purposes of sentencing under the Youth Criminal Justice Act (YCJA), the use of sentencing circles, the individual participants in a sentencing circle, and sentencing circles and the YCJA.

Lamer, Antonio and Binnie, William Ian Corneil and Bastarache, Michel and Iacobucci, Frank and Major, John C and Binnie, William Ian Corneil and Gonthier, Charles Doherty and Major, John C and McLachlin, Beverley and Binnie, William Ian Corneil and Iacobucci, Frank and Gonthier, Charles Doherty and L'Heureux-Dubé, Claire and Major, John C and McLachlin, Beverley and Binnie, William Ian Corneil and Bastarache, Michel and Iacobucci, Frank and Gonthier, Charles Doherty and L'Heureux-Dubé, Claire. R. v. Proulx, [2000] 1 S.C.R. 61, 2000 SCC 5

Criminal law -- Sentencing -- Conditional sentences -- Accused pleading guilty to dangerous driving causing death and dangerous driving causing bodily harm and receiving sentence of 18 months of incarceration -- Whether Court of Appeal erred in substituting conditional custodial sentence for jail term -- Proper interpretation and application of conditional sentencing regime -- Distinction between conditional sentence of imprisonment and suspended sentence with probation -- Meaning of "safety of the community" -- Criminal Code, R.S.C., 1985, c. C-46 , ss. 742.1, 742.3. (excerpt)

Lamer, Antonio and Binnie, William Ian Corneil and Cory, Peter deCarteret and L'Heureux-Dubé, Claire and Bastarache, Michel and Cory, Peter deCarteret and Gonthier, Charles Doherty and L'Heureux-Dubé, Claire and Binnie, William Ian Corneil and Bastarache, Michel and Iacobucci, Frank and Cory, Peter deCarteret and Gonthier, Charles Doherty and L'Heureux-Dubé, Claire. R. v. Gladue, [1999] 1 S.C.R. 688, 1999 CanLII 679 (S.C.C.)

This document consists of the Supreme Court of Canada’s ruling in the case R. v. Gladue [1999], a case on appeal from the Court of Appeal for British Columbia. The ruling was highly significant in seeking to interpret and apply principles governing application Section 718.2(e) of the Criminal Code of Canada with respect to the sentencing of aboriginal offenders. The original case stemmed from a criminal assault by an aboriginal woman against an aboriginal man in British Columbia. The man died from the assault. Following conviction and sentencing, appeal was made to the provincial court, which dismissed the accused woman’s appeal of her sentence. Appeal was then made from the provincial court to the Supreme Court of Canada, which dismissed the appeal. This document contains a summary of the case; the appeal process and ruling; discussion of the aboriginal culture and demographic statistics, especially in relation to the criminal justice and corrections systems in Canada; interpretation of Section 718.2(e); and principles for taking all of this into account in sentencing aboriginal offenders.

Stuart, Barry.. R. v. Jacob, 2002 YKTC 15

Marcellus Jacob, 21 years old, raised as a ward of the state until age 18, will spend up to eight years in jail for a horrible crime. His sentence sets a precedent for the next case. There will be a next case. There have been many other similar cases. There are right now, within our communities, within our institutions, children, young boys, young men, with stories similar to Marcel Jacob. Unless we change what we do - we as families, communities, professionals - there will be many more 'next cases'. How many Marcel Jacobs do we need before we appreciate that if we always do what we have always done, we will always face what we always face - the next case to sentence, the next victim to heal. (excerpt)