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Gladue
A Nunavut decision shows mandatory sentences for gun crimes inappropriately constrain judges when dealing with Aboriginal offenders, Toronto criminal and civil litigator Laurelly Dale tells AdvocateDaily.com. The fact pattern of the case rings a number of bells for Dale, who frequently acts for youthful Aboriginals charged with gun-related offences involving weapons normally used for hunting.  The judge in the...
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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 pleaded...
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