gladue principles

R v Sharma: SCC to Determine whether Restrictions on Conditional Sentences Violate the Equality Rights of Indigenous Offenders

“The figures are stark and reflect what may fairly be termed a crisis.”

Systemic Oppression in Sentencing: SCC Grants Leave to Appeal on Constitutionality of Limiting Conditional Sentences in R v Sharma

In July 2020, the Ontario Court of Appeal ("ONCA") ruled that two provisions of the Criminal Code are unconstitutional, ultimately making conditional sentences available to more offenders. In particular, the ONCA ruled that s.742.1(c) and s.742.1(e)(ii) of the Code violated Cheyenne Sharma’s section 15 right to equality on the basis of race and section 7 […]

Systemic Oppression in Sentencing: ONCA to Rule on Anti-Black Racism Reports in R v Morris

On February 11, 2021, the Ontario Court of Appeal (“ONCA”) will hear the Crown’s appeal to Justice Shaun Nakatsuru’s decision in R v Morris, 2018 ONSC 5186 [Morris]. In his decision, Justice Nakatsuru used pre-sentencing reports on anti-Black racism and the social history of the defendant to account for the factor of systemic racism in […]