Supreme Court of Canada – [2000] 1 S.C.R. 207
Alberta Criminal lawSummary
This case completes Gladue, delivered the year before.
While Gladue establishes the criteria to consider when determining the sentence for an aboriginal offender, Wells explains that when the infraction is very serious and that deterrence is needed, the appropriate sentence might be the same whether the offender is Aboriginal or not
Issue
Is incarceration a justified sentence for an aboriginal offender, when denunciation and deterrence are the main objectives to attain?
Supreme Court of Canada – [2012] 1 S.C.R. 433
Nunavut Criminal lawSummary
This decision determines the principles to be taken into account with regards to sentencing Aboriginal offenders for breach of long-term supervision orders (LTSOs).
In order for a sentencing decision made with regards to an Aboriginal offender to be upheld by a higher court, it must take into account his or her special circumstances as mandated by s. 718.1(e) of the Criminal Code.
Issue
Supreme Court of Canada – [2005] 3 S.C.R. 45
British Columbia Criminal lawResidential schoolSummary
A victim of Indian residential schools tries to have the responsible order recognized responsible for the actions of its religious congregation for the actions of one of its employees that was not an educator. Although such a claim was successful in Blackwater, it was not in this case.
Issue
Can the Catholic Order operating a residential school be liable for sexual assault committed on site by one of its employee?
Supreme Court of Canada – [2005] 1 S.C.R. 9
Ontario Criminal lawGovernance (self-determination, self-government)Summary
The Supreme Court of Canada recognizes the role and validity of First Nations’ polices.
Issue
Was Decorte illegally detained when he was stopped by the First Nations constables?
Supreme Court of Canada – [2005] 3 S.C.R. 3
British Columbia Criminal lawResidential schoolSummary
The Court recognizes the potential responsibility of religious organizations for offenses committed in residential schools. It also recognizes that the federal government is responsible for these crimes.
Issue
Can the government of Canada and the United Church of Canada be liable to former residential school students? If so, on what legal basis, and what damages can be awarded?
Supreme Court of Canada – [1999] 1 S.C.R. 688
British Columbia Criminal lawSummary
Gladue is a leading case in aboriginal criminality. It must apply when sentencing an Aboriginal offender: judges have to consider his historical and social context in order to make their decision.
Issue
What are the considerations to be taken into account when sentencing an Aboriginal offender?
Supreme Court of Canada – [1970] S.C.R. 282
Northwest Territories Criminal lawDiscriminationIndian ActSummary
This case deals with the discrimination that can result from the Indian Act. The Court here decides that the Act was discriminatory because it prevented Indians from doing what the rest of the population has the ability to do.
The decision was partially overturned four years later in the Lavell case.
Issue
Does s. 94 of the Indian Act, which provides that an Indian who is drunk outside of a reserve is guilty of a criminal offence, violate the Canadian Bill of Rights? Is it therefore inoperative?