Quote:
Originally Posted by MBates
Not intending to be dismissive, you can read it in the Supreme Court of Canada decision in R v Ipeelee:
https://scc-csc.lexum.com/scc-csc/sc.../8000/index.do
It is a bit of a long read, but I promise if you take the time you will be much better informed. You can still disagree with the concept if you wish, but the statistics overwhelmingly support the conclusion that we systemically over charge and over punish aboriginal offenders as compared to non-aboriginals.
So in reality, the 'free pass' that actually exists in our system is that many of the 'white guy' you speak of will just not get arrested in the first place or will have deals done that lead to no jail when the same circumstances put the aboriginal offender behind bars.
What is important to note is that while Gladue factors are required to be considered, they are not required to reduce a sentence. It is still for the judge to determine whether the factors present are relevant and can properly reduce the sentence. Without knowing how horrific the factors may have been in this particular case, it is hard to really say that the reduction applied by the judge was not warranted.
Regardless, other than you just saying so, I do not see how you have in any way backed up the assertion that specific consideration of an aboriginal person's circumstances is a 'free pass'. |
If the Gladue factors warrant a reduced sentence, what takes its place for the purposes of rehabilitation? Seems like as soon as this guy is released he's even more likely to re-offend (for the reasons that got him out sooner in the first place)...