Sentencing In the Time of COVID (Part 2/2) - Caylene Foley
Collateral consequences include “any consequence arising from the commission of an offence, the conviction for an offence, or the sentence imposed for an offence, that impacts the offender.” The impact of collateral consequences does not displace the general rule that a sentence must be fit; having regard to the particular crime and offender. A sentencing judge may take collateral consequences into account.
Gladue Factors and Extent of Impact on the Sentencing of Dangerous Offenders
Manitoba’s Court of Appeal recently affirmed a trial judge’s sentencing decision involving consideration of Gladue factors in the case of dangerous offenders. In R. v Dumas, the accused was given concurrent indeterminate sentences on two cases of sexual assault. Dumas, an Indigenous man, appealed his sentence and argued that the trial judge erred in applying relevant Gladue factors which would have led the judge to hand down a 20-year determinate sentence and a subsequent 10-
