Quote:
Originally Posted by Montag
This is technically not true, at least in Alberta:
1. An offender is not required to establish a causal link between background factors and the commission of the current offence before being entitled to have those matters considered by the sentencing judge
R. v. Laboucane
2016 ABCA 176, 2016 CarswellAlta 1072, [2016] A.W.L.D. 3063, [2016] A.W.L.D. 3071, [2016] A.W.L.D. 3072, [2016] A.J. No. 593
at para 63
The sentence still has to be warranted but if the aboriginal background has nothing to do with the particular offence, they still have to consider it as a factor.
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Nice try...but you stopped reading that case just a little too soon. Number four from the same list you quoted from:
4. Unless the unique circumstances of the particular offender bear on his or her culpability for the offence or indicate which sentencing objectives can and should be actualized, “they will not influence the ultimate sentence”: Ipeelee at para 83.