R. v. Gladue, [1999] 1 S.C.R. 688 is a landmark Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 decision on the application of s. 718.2(e) of the Criminal Code

Criminal Code of Canada

The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...

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Background

On September 16, 1995 Jamie Tanis Gladue was drinking and celebrating her 19th birthday with some friends. She suspected that the victim, her boyfriend, was having an affair with the offender's older sister, Tara. Gladue made specific threats that "he was going to get it." Following a confrontation with the victim, he uttered many insults at the offender, at which point the offender stabbed the victim in the chest. She was subsequently charged with second degree murder and ultimately convicted of manslaughter. At her sentencing hearing the judge took into account many aggravating factors including the fact that the offender was not afraid of the victim. The court also took into account several mitigating factors such as her youth, her status as a mother and the absence of any serious criminal history. She was sentenced to three years imprisonment. At her trial and at the Court of Appeal for British Columbia the court upheld the sentence, finding that s. 718.2(e) did not apply to off-reserve Aboriginals.

Reasons of the Court

Justices Cory and Iacobucci held that the courts below erred in taking an overly narrow approach of s. 718.2(e). The purpose of this provision is to address the historical over-representation of Aboriginals in the criminal justice system. This applied to Aboriginals, regardless of place of residence or lifestyle. However, the court ultimately dismissed the appeal, finding that the sentence was fit given the seriousness of the offence.