Case information

Criminal law — Sentencing Indigenous offenders — Considerations — Whether lower courts failed to recognize or give sufficient weight to Ms. Davidson’s reduced moral culpability on account of her Aboriginal perspective and distinct personal circumstances as a Kwakwaka'wakw Indigenous person and trained land guardian – Whether Court of Appeal erred in principle in failing to properly apply s. 718.2 (e) of the Criminal Code and this Court’s guidance in R. v. Sparrow, [1990] 1 S.C.R. 1075, R. v. Gladue, [1999] 1 S.C.R. 688, Mitchell v. M. N.R., 2001 SCC 33 and R. v. Ipeelee, 2012 SCC 13 — Extent to which an Indigenous person’s Aboriginal perspective ought to bear on the courts’ assessment of moral culpability when fashioning a fit sentence for criminal contempt — Whether Court of Appeal erred in failing to accord sufficient weight to strict bail conditions as a mitigating factor.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant opposed the old-growth logging on southern Vancouver Island. The applicant is a Kwakwaka’wakw (Da’naxda’xw) person and a member of the Da’naxda’xw First Nation. Since 2022, she has served as Deputy Leader of the Green Party of Canada. She was convicted of seven counts of criminal contempt of court. The applicant received a cumulative sentence of 60 days’ imprisonment (less 12 days’ credit for pre-sentence custody), plus 18 months’ probation with 75 hours of community work service. The appeal was allowed and the sentence was varied. The Court of Appeal imposed a cumulative sentence of 51 days’ imprisonment, 18 months’ probation, and 75 hours of community service.