User:Mre88135/Criminal sentencing in Canada

R v Gladue was a landmark Supreme Court of Canada decision which was decided in 1999 and represented the country’s highest court’s first opportunity to interpret section 718.2(e) of the Criminal Code of Canada. The Supreme Court held that widespread discrimination against Indigenous Peoples living in what is called Canada and the resulting adverse socio-economic factors they face are the sources of their over-representation at all points of the criminal justice system. Consequently, alternatives to imprisonment need to be considered upon any sentence imposed, with special consideration given to Indigenous offenders.

The Supreme Court of Canada further strengthened the ruling of Gladue when it released its decision on R v Ipeelee, which reiterated the court’s insistence that sentencing judges are under a positive duty to take all of the circumstances of Indigenous offenders into account when imposing sentences.

If a defendant spent time in custody while awaiting their trial (that is, they were not released on bail), the judge is allowed to take that into account when determining the sentence.

R v Hussain (2018) ruled it unfair to punish a person twice for bail condition breaches. Regarding bail condition breaches if a sentence is ruled then the judge must consider credit for pre-trial custody which previously were automatically refused.

R. v. Hussain, 2018 ONCA 147

On March 28, 2019, the Supreme Court of Canada unanimously decided that an offender in custody must have their bail reviewed within 90 days of them being in custody for an indictable offence.

R. v. Myers 2019 SCC 18