Please make sure to define the concepts you are using and reply to each of the questions below. Once you have done that you are able to discuss these questions with your classmates.
Note: Please number your answers to correspond to the questions. PLEASE put spaces between the paragraphs. It is so much easier to read than a large block of text and enables us to interpret what you are saying and give you marks accordingly!
Please use additional research for your initial post and your replies. It adds information and greater substance to your posts and discussions rather than just opinions.
You must include a Reference list at the bottom on your post.
You must use APA to cite and source your writing. Ive provided detailed comments and instructions to the class in many documents so I hope you will take the time to review them to improve on your sourcing and citations.
Please use correct legal citations when referring to cases and statutes. Cite specific paragraphs from court decisions as you refer to them. Remember when directly quoting a paragraph from a case, which is perfectly acceptable, or referring to what the court said in a case, you must use an end citation with a paragraph notation.
The Discussion Forum Assignment:
Review R. v. Gladue [1999] 1 S.C.R. 688 (SCC) found at this link: https://www.canlii.org/en/ca/scc/doc/1999/1999canlii679/1999canlii679.html?resultIndex=1
Review the news article uploaded to URCourses about the Regina offender, Mr. Desjarlais, who was convicted and sentenced for sexually assaulting a woman while he was HIV+.
Review the Saskatchewan Court of Queens Bench case on the same matter. It is published on CanLII. (Note: make sure to find the correct Desjarlais case.)
Review Part XXIII of the Criminal Code, 1985, R.S.C., c. C-46 with respect to sentencing.
Review the material on the criminal justice system in Chapter 10 of Boyd (7th ed. 2018) and in my PPT slides.
Please respond to these questions:
Sentencing is one of the most important aspects of the criminal justice system and generates a great deal of interest and controversy among legislators, members of the public, academics, the media and social justice groups. It is also very important in the Canadian criminal justice system that we consider the circumstances of Indigenous offenders.
Justice Barrington-Foote sentenced Mr. Desjarlais, an Indigenous offender, for aggravated sexual assault in the Regina Court of Queens Bench.
1. What are the purposes and principles of sentencing outlined in the Crimin
al Code of Canada? Explain the sentencing principles. What are the other sentencing principles outlined in s.718.2? Please define and describe each of them, quoting the sections where required.
(Note: Source your writing using the correct legal citation.)
2. What are aggravating and mitigating circumstances in sentencing? What is their purpose? How do judges use them? Please define and describe them. Use examples as necessary. You will have to research this.
(Note: Source your writing using the correct legal citation.)
3. Consider the sentencing purposes and principles in the Criminal Code of Canada, the broad common law sentencing objectives articulated in the text, and aggravating and mitigating circumstances affecting sentencing.
a) Which ones do you recognize in the decision of Justice Barrington-Foote?
b) Please describe and discuss what Justice Barrington-Foote said about each of them when he sentenced Mr. Desjarlais. Be specific.
c) Did he omit any? What did he find with respect to aggravating and mitigating circumstances in this case? Please describe and discuss.
4. The Supreme Court of Canada decision of R. v. Gladue [1999] 1 S.C.R. 688 (SCC) is a landmark decision with respect to how Indigenous persons are to be sentenced in Canadian courts.
a) Why is the Gladue decision so important with respect to the situation of Indigenous Canadians in the criminal justice system?
b) What did the Supreme Court hold with respect to what must be considered when sentencing Indigenous offenders?
c) How is this to be accomplished in the courts?
d) What are Gladue reports? What is the current situation in Canadian courts with respect to Gladue reports?
(Note: Make sure to properly cite the relevant paragraphs of the case, using correct legal citations.)
5. Did Justice Barrington-Foote consider and follow the sentencing principles established in R. v. Gladue in the Desjarlais case? What did he say about these principles in his decision?
(Note: Make sure to properly cite the relevant paragraphs of the case, using correct legal citations.)
6. Your Opinion:
Do you agree with the sentence given by Justice Barrington-Foote in the Desjarlais case? Why or why not?
Please provide your opinion considering and discussing the Criminal Code sentencing purposes and principles, the common law sentencing objectives, aggravating and mitigating circumstances, the Gladue factors, social justice notions of legal equality, and the circumstances of Indigenous offenders in the criminal justice system.