R. v. J.L.M., 2017 BCCA 258

In the decision, the panel struck down as unconstitutional a minimum sentence under the Criminal Code and engaged in a sophisticated analysis of the intergenerational effects on aboriginal accused as a result of colonialism and residential schools.

The Court of Appeal held: The trial judge erred in law in assessing J.L.M.’s Aboriginal heritage in sentencing, resulting in a demonstrably unfit sentence. The mandatory minimum sentence, is grossly disproportionate when applied to J.L.M., based on the bottom end of the range, and in any event, is grossly disproportionate when imposed in a reasonable hypothetical context, and thus it violates s. 12 of the Charter. The mandatory minimum sentence cannot be justified under s. 1 of the Charter, and is declared of no force or effect. A nine-month conditional sentence order to be served under house arrest, with strict conditions, is a fit sentence for J.L.M. that takes into account his Aboriginal background, his personal circumstances, and the goals of sentencing.

Have questions about a topic?

Onyx Law Group represents clients in family law, estate and trust litigation, estate planning and probate matters. Consult with our experienced team at
(604) 900-2538

TELL US HOW WE CAN HELP

(604) 900-2538

We were made to feel valued and heard. Integrity, competence and a passion for justice definitely describes Onyx. They are also caring, compassionate and have a good sense of humour.
Thanks to Onyx’s straightforward approach, this litigation was resolved with the best outcome for myself and my children. Although this ordeal was emotionally trying, we can get on with our lives, without added worry and stress.
I chose the right law firm and I know our future is on the proper course because of Onyx. I wouldn’t hesitate to tell anyone who needs good legal representation to take my words to heart.