Defence appeal of dangerous offender designation and indeterminate sentence. Accused was Indigenous, but no Gladue report was ordered for the dangerous offender hearing. Issue on appeal of whether sentencing judge failed to properly address Gladue factors.
Held: Appeal dismissed.
Leave granted to admit fresh evidence of a Gladue report. In any sentencing proceeding for an Indigenous offender, including dangerous- and long-term- offender hearings, “the correct application of Gladue principles is mandatory and must be based on sufficient Gladue evidence … Although we have found that the sentencing judge erred by failing to obtain sufficient Gladue evidence information, and she erred by failing to correctly apply Gladue principles, having had the benefit of reviewing the record and all the fresh evidence, we nonetheless conclude that these errors caused no substantial wrong or miscarriage of justice.” Gladue report did not sufficiently address risk of re-offending or control in the community; as such, trial judge’s decision was reasonable.
N. Rodych – Defence Counsel