Skip to content

The ReeveLaw Blog

Criminal Defence Law Blog

SPECIAL CLASSES OF OFFENDERS – We can add “black offenders” as another special class of offenders.

Posted bywpengine 26 July 2019

‘When it comes to black people, the sentencing seems to be consistently void of any consideration of that additional source of disadvantage that they face’

Source: Ontario case could set special rules for sentencing black offenders, similar to Gladue for Indigenous people

Posted bywpengine26 July 2019Posted inUncategorized

Post navigation

Previous post Previous post:
INDIGENOUS WOMEN VICTIMS – are going to be a special class of victim. Offences against them will bring a harsher sentence. Justice Burstein’s granting a conditional discharge for impaired driving to an indigenous woman is entirely consistent with this policy. But it seems inconsistent with the Gladue principles applicable to victimized indigenous men who already suffer higher rates of incarceration.
Next post Next post:
Okay, who is responsible for what?

Recent Posts

  • Credit also has to be given to JAMES LOCKYER for his tireless advocacy over many years to bring this to fruition.
  • Lawyers in England are refusing to represent some people because their legal aid system is insufficient to maintain a viable practice. The legal aid system in Ontario is similarly perpetually on the brink.
  • Since 1982 accused persons have had the right to a trial within a reasonable time. We’ve had the Askov, Morin and now the Jordan cases of the Supreme Court of Canada trying to ensure that right, with only limited success. So now the courts are stacking cases on top of other cases on their daily trial lists that have no possibility of being reached for trial on that date.
  • JUSTICE DELAYED IS JUSTICE DENIED – Every person charged with a criminal offence has the constitutional right to have their trial held within a reasonable time. Our Supreme Court has twice attempted to define what is reasonable through the cases of Askov and Jordan. The result has been decades of hundreds of cases being “stayed” from proceeding due to delay and further delays caused by the complex application procedures required to assert that right. Nothing has changed. Simply demanding that the trial process proceed expeditiously doesn’t work.
  • WHO IS RESPONSIBLE FOR OUR BAIL SYSTEM? – The federal government enacts the criminal code. The province applies it. The province builds and owns the courts. The province hires the Judges, the Justices of the Peace, the Crown Attorneys and court staff.
The ReeveLaw Blog, Proudly powered by WordPress.