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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.

Minnesota State Supreme Court Upholds Use of Sentencing Circles

A January 2002 Minnesota Supreme Court decision reinforced the purpose and decision-making authority of sentencing-circles. The case questioned whether a circle could include a stay of adjudication as a part of sentencing recommendations.

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.

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)

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.

Supreme Court of Florida. Corrected Opinion. NO. SC01-913. Department of Revenue vs. Kelvin M. Jackson.

Alternatives to incarceration could embrace a balanced and restorative approach to criminal justice.4 This approach requires the offender to be held accountable for his or her criminal actions by recognizing the harm done, including indirectly to his or her child, and by imposing a solution that would enable the offender to seek to repair the harm resulting from his or her criminal behavior, including the continued payment of child support. However, given that there are no such options available at this time, I would afford the trial courts as much discretion as possible in deciding when and whether a petition to modify should be granted.(excerpt)

Supreme Court of Florida. State of Florida vs. Paul Vanbebber, No. Sc01-2558.

aThese substantial sanctions fashioned by the trial court are tailored to fit the crime and offender, and also serve in some way to attempt to repair the damage caused by his terrible act. (excerpt)