![]() ![]() ![]() The only limitation appears to be that the amending act must must limit the availability of remedial measures aimed at the group (Indigenous Peoples). Now that judicial notice of this may be taken, counsel may seek to identify an ameliorate sections of the Criminal Code or other provisions that have similar effect. This statement recognised that the overincarceration of Indigenous Peoples is not a vestige of a colonial past, but has a current systemic cause. " This statement goes further than the recognition that the residential school system was a cultural genocide with lasting implications on generations of Indigenous Peoples. In what is perhaps an incremental expansion of the role of judicial notice the majority noted that: "the sentencing judge was entitled to take judicial notice of the phenomenon of overincarceration of Aboriginal offenders and the fact that systemic discrimination is recognized as a direct cause of that phenomenon in Canada. The route to the ruling is as impressive as the ruling itself. Section 15 of the Charter has been one of the least useful provisions of the Charter for criminal defence lawyers due to its usually onerous requirements of evidence showing differential outcomes based on a protected characteristic. Here, Section 15 was the driving force of the decision despite the lack of statistical evidence supporting differential outcomes of the unavailable of conditional sentences for Indigenous Peoples. R v Sharma, 2020 ONCA 478 Charter s.15 - Provisions Removing Availability of Conditional Sentences on the Basis of Maximum Sentence Available Found Unconstitutional due to Disproportionate Effect on Indigenous Peoples, s.7 - Same Provisions Found Overbroad ĪUTHOR’S NOTE: With immediate effect in Ontario, significant provisions of the so-called "Safe Streets and Communities Act" restricting the availability of Conditional Sentence Orders were struck down. ![]()
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