Decision overturns an Ontario court ruling that found Criminal Code provisions violated Charter rights in case of Indigenous woman arguing to serve time in the…
In a 5-4 decision Friday, the top court overturned an Ontario Court of Appeal ruling that found the Criminal Code provisions violated the Charter of Rights and Freedoms.Sign up to receive the daily top stories from the National Post, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails. Postmedia Network Inc.
Ultimately, she received a term of 18 months in custody, less one month for pre-sentence detention and time on bail.Article content “The provisions deny Ms. Sharma a benefit in a manner that has the effect of reinforcing, perpetuating and exacerbating her disadvantage as an Aboriginal person,” Justice Kathryn Feldman wrote for a majority of the Court of Appeal in 2020.Article contentThe Court of Appeal noted the woman of Ojibwa ancestry, a member of the Saugeen First Nation, had a particularly difficult upbringing and has struggled with depression and anxiety.
Her grandmother attended two residential schools as a child, prompting the sentencing judge to describe Sharma as “an intergenerational survivor of the government’s residential school effort to eradicate the cultural heritage of her people.”Article contentConditional sentences were introduced in the mid-1990s, allowing a judge to have the offender serve time in the community, including through a form of house arrest with strict conditions attached.
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