SPECIAL CLASSES OF OFFENDERS – We can add “black offenders” as another special class of offenders.
‘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’
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.
Justice Minister David Lametti said Monday that the changes to the bill are ‘in the spirit of the inquiry into missing and murdered Indigenous women and girls’
WHICH JORDAN LIMIT APPLIES?
Which of the JORDAN presumptive ceilings of unreasonable delay is applicable is not determined by whether it is a one-step or two-step proceedings but simply by whether the trial proceeds in the Ontario Court or the Superior Court.
http://www.ontariocourts.ca/decisions/2019/2019ONCA0600.pdf
NOT CRIMINALLY RESPONSIBLE (NCR) – If you don’t understand this defence, you’re apparently not alone. Here’s a pretty good straight forward explanation.
Not everyone understands the concept of ‘not criminally responsible,’ and unfortunately that includes the premier of Ontario
Source: Opinion | Doug Ford should get facts straight on ‘not criminally responsible’
Ontario judge strikes down mandatory minimum sentence for first-time impaired driving in case of Indigenous woman – this opens up a few cans of worms.
‘Given the widespread discrimination against Aboriginal people, the imposition of a criminal record … would only add to the challenges an Aboriginal person faces’
