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Gladue Report
A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Aboriginal background under Section 718.2(e) of the Criminal Code. The process derives its name from '' R. v. Gladue'', a 1999 Supreme Court of Canada decision that was the first to challenge Section 718.2(e) of the Criminal Code. Gladue Principle Subsection 718.2(e) is a guiding principle and not a substantive power. Therefore, the court is not at liberty to impose a sentence outside the range of legally available penalties. For example, if there is a minimum sentence of imprisonment, the court cannot use the Gladue Principle to impose a sentence lower than the minimum. However, courts have considered the Gladue Principle in determining the constitutionality of minimum sentences which are set by the Crown, depending on whether the Crown elects to serve a notice of enhanced penalty under s. 729 or elects to proceed by indictment. In M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Presentence Investigation
A presentence investigation report (PSIR) is a legal document that presents the findings of an investigation into the "legal and social background" of a person convicted of a crime before sentencing to determine if there are extenuating circumstances which should influence the severity or leniency of a criminal sentence. The PSIR is a "critical" document prepared by a probation officer via a system of point allocation, so that it may serve as a charging document and exhibit for proving criminal conduct. The PSIR system is widely implemented today. History PSIR reports trace their origins to the efforts of prison reformer John Augustus who in the 1840s began a campaign to allow discretion in sentencing to help those who were deemed undeserving of harsh sentences and could be reformed. More specifically, in the Police Court of Boston, Augustus posted bail for a man, promising the judge that the man would improve upon returning to the court and would earn a lessened sentence. The r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Indigenous Peoples In Canada
In Canada, Indigenous groups comprise the First Nations, Inuit and Métis. Although ''Indian'' is a term still commonly used in legal documents, the descriptors ''Indian'' and ''Eskimo'' have fallen into disuse in Canada, and most consider them to be pejorative. ''Aboriginal peoples'' as a collective noun is a specific term of art used in some legal documents, including the ''Constitution Act, 1982'', though in most Indigenous circles ''Aboriginal'' has also fallen into disfavour. Old Crow Flats and Bluefish Caves are some of the earliest known sites of human habitation in Canada. The Paleo-Indians, Paleo-Indian Clovis culture, Clovis, Plano cultures, Plano and Pre-Dorset cultures pre-date the current Indigenous peoples of the Americas. Projectile point tools, spears, pottery, bangles, chisels and Scraper (archaeology), scrapers mark archaeological sites, thus distinguishing cultural periods, traditions, and lithic reduction styles. The characteristics of Indigenous culture in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Ipeelee
''R v Ipeelee'' is a Supreme Court of Canada decision which reaffirmed the court's previous holdings in ''R v Gladue'', in that when sentencing an Indigenous person, every sentencing judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous individual before the courts; and (b) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the person before the court because of their particular Indigenous heritage or connection. Background It has long been recognized that Indigenous Peoples are overrepresented in all points of the criminal justice system. The Royal Commission on Aboriginal Peoples found that the justice system in what is now known as Canada has failed Indigenous Peoples, both on and off-reserve, urban and rural, in all jurisdictions due to fundamentally different world views between Indigenous and non-Indigenous people with respect to issues such as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
