CRM 3322 Lecture Notes - Lecture 13: Foster Care, Endangerment, Criminal Negligence
21 Nov 2017
School
Department
Course
Professor
Document Summary
Case: r. v. gladue: ms. gladue appealed her sentence, case acknowledged how systemic factors contribute to overrepresentation of aboriginal people in the criminal justice system; Toronto gladue (aboriginal persons) court: problem was confusion about how to apply the law, resources. Involves aboriginal court worker, gladue court case worker. Gladue report: report are written at the request. Toronto gladue (aboriginal persons) court: bail, 718. 2(e) does not deal with bail issues. Important as a detention order has an impact on ultimate sentence of prison. In what we see in the statistic, indigenous people are often refused bail and get longer sentences: credit given for pre-trial detention often results in a senten(cid:272)e of fine, pro(cid:271)ation . Judge then cannot consider unique circumstances of the person in these decisions: this court is thus lenient with respect to bail. Case: r. v. ipeelee, 2012 scc 13, [2012] 1 s. c. r. Family: (divorce, born out of wedlock) or community breakdown family friend, friend, etc.
