Systemic and background factors may bear on the culpability of the offender, to the extent that they shed light on his or her level of moral blameworthiness,” Friday’s ruling reads. “Failing to take these circumstances into account would violate the fundamental principle of sentencing — that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.
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Aboriginal background must be considered in sentencing violent crime, top court rules
Ipeelee’s lawyer, Fergus O’Connor, applauded the decision and said that despite the ruling, it doesn’t equate to a free pass for aboriginals.
“They’re not saying that just because you’re aboriginal you automatically should be given a break,” O’Connor said. “But because of the systemic mistreatment of aboriginals, even if a person is guilty … it goes to the degree of responsibility because of the unique and hard background.
“It follows a matter of logic that a person who has been harshly treated — and whose entire culture has been harshly treated historically for many generations — should have that taken into account.”
Posted March 29, 2012 at 9:41am in canada supreme court scc first nations aboriginals natives heritage discrimination affirmative action crime sentencing
