Aboriginal accused pled guilty to intentionally or recklessly causing damage by fire to a dwelling home, contrary to s. 434 CC. Home was unoccupied. Trial judge imposed a 1 year jail sentence followed by 12 months probation. Issue as to whether proper weight given to various Gladue factors.

Held: Appeal dismissed.

No error of principle. While the accused was so intoxicated at the time of the offence, that he did not remember setting the fire, the evidence revealed that he did deliberately set fire to the home. The sentencing judge “stated that he had read the Gladue report prepared, and that a history of residential schooling and alcoholism in the appellant’s family ‘set the course’ for the appellant’s own alcoholism, which was a factor in the circumstances of this offence.”

J. Bromley, A. Millman –

Defence Counsel