Summary

Keywords

Criminal law – Sentencing – Dangerous offenders – Aboriginal heritage –Whether Gladue factors and s. 718(2)(e) of the Criminal Code are of such limited relevance in dangerous offender applications that a case involving an Aboriginal Canadian can be decided without reference to them – Whether sentencing judge was required to consider Gladue factors?

Summary

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Mr. Radcliffe was convicted of sexual interference, sexual assault and failure to comply with a recognizance. Crown counsel applied for a dangerous offender designation. Mr. Radcliffe, a Cree, was adopted when he was four months old. At the dangerous offender hearing, his counsel led into evidence a letter from the Native Inmate Liaison Officer at Mr. Radcliffe’s detention centre. The officer states that Mr. Radcliffe had self-identified as Aboriginal and he had participated in Aboriginal programs. Defence counsel sought a long term offender designation. The sentencing judge declared Mr. Radclifffe a dangerous offender. He referred to the Native Inmate Liaison Officer’s letter but he did not refer to Gladue factors or R. v. Gladue, [1999] 1 S.C.R. 688, and no Gladue report was ordered.

Lower Court Rulings