Summary

Keywords

Criminal law — Sentencing — Indigenous offenders — How information in a Gladue report should influence an Indigenous offender’s moral blameworthiness under the proportionality principle at sentencing — Whether the sentencing judge and the Court of Appeal erred in finding accused’s moral blameworthiness was equal to that of non-Ingigenous offenders convicted of same offence — Whether an obligation to consider a conditional sentence order or to give particular attention to circumstances of Indigenous offenders creates a positive duty to consider a conditional sentence in all cases where jail is a possible sentence — Whether the sentencing judge and the Court of Appeal erred in failing to consider a conditional sentence order?

Summary

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Mr. George, a member of the Tsleil-Waututh Nation, and other protestors blockaded a facility owned by Trans Mountain Pipeline ULC. Mr. George played a leadership role. He knew that the protest contravened a court ordered injunction against obstructing, impeding and interfering with the operations of Trans Mountain Pipeline ULC at various locations. Mr. George was convicted of contempt of court and was sentenced to 28 days imprisonment. The Court of Appeal dismissed an appeal from the sentence.

Lower Court Rulings