Aboriginal history must factor in sentences, Supreme Court s
ShepherdsDog @ Fri Mar 23, 2012 9:04 pm
http://www.cbc.ca/news/canada/north/sto ... ginal.html
$1:
The Supreme Court of Canada has ruled that aboriginal background should be a paramount consideration when sentencing violent offenders who have breached long-term supervision orders.
In a 6-1 decision, the justices ruled on a pair of cases in which offenders on long-term supervision were sentenced after violating the terms of their orders.
Both men had long, violent, criminal histories.
The justices said the issue of aboriginal background must be considered even in cases where the accused have been placed under long-term supervision by the courts.
In a 6-1 decision, the justices ruled on a pair of cases in which offenders on long-term supervision were sentenced after violating the terms of their orders.
Both men had long, violent, criminal histories.
The justices said the issue of aboriginal background must be considered even in cases where the accused have been placed under long-term supervision by the courts.
Looks like those assholes who sit on the supreme court have dropped another big turd. Once aagain it's whitey's fault and that the violent criminals who refuse to follow rules that apply to everyone else are just victims themselves. Most natives who have no trouble obeying and respecting the law will see this for bullshit(paternalist bullshit as well) too...... It's not their fault. They aren't capable of anything better.
jeff744 @ Fri Mar 23, 2012 9:18 pm
Fun little history tidbit I found while doing research for an essay. When the colonial powers introduced the natives to alcohol it became a very regular (I believe they said it happened at least once a week in some posts) thing for the natives to trade almost all their catch for alcohol, get completely wasted resulting in them killing somebody then saying they are innocent and that the alcohol was to blame.
raydan @ Fri Mar 23, 2012 9:29 pm
Andyt posted this yesterday...
jibber-jabber-f9/supreme-court-native-background-must-be-a-factor-in-senten-t100310.html
ShepherdsDog @ Fri Mar 23, 2012 9:47 pm
My bullshit filters were set too high I guess and I missed it. One of the mods can merge the two threads then.
Curtman @ Sat Mar 24, 2012 5:59 am
$1:
The ruling marked the first time the court has ruled on how the Gladue principles, guidelines set by Parliament on aboriginal sentencing, are to be applied in cases involving long-term, violent offenders.
Those Criminal Code provisions are not a "race-based discount on sentencing," LeBel wrote.
They are a "remedial provision designed to ameliorate the serious problem of overrepresentation of Aboriginal People in Canadian prisons and to encourage sentencing judges to have recourse to a restorative approach to sentencing."
...
Manasie Ipeelee was caught cycling drunk in Kingston in August 2008 and pleaded guilty to breach of his order. His three-year sentence was upheld by the Ontario Court of Appeal until it was overturned Friday by the Supreme Court.
...
In the other case, the justices rejected a Crown appeal which wanted a stiffer sentence for an offender who was caught using cocaine and morphine at a halfway house in Vancouver.
Those Criminal Code provisions are not a "race-based discount on sentencing," LeBel wrote.
They are a "remedial provision designed to ameliorate the serious problem of overrepresentation of Aboriginal People in Canadian prisons and to encourage sentencing judges to have recourse to a restorative approach to sentencing."
...
Manasie Ipeelee was caught cycling drunk in Kingston in August 2008 and pleaded guilty to breach of his order. His three-year sentence was upheld by the Ontario Court of Appeal until it was overturned Friday by the Supreme Court.
...
In the other case, the justices rejected a Crown appeal which wanted a stiffer sentence for an offender who was caught using cocaine and morphine at a halfway house in Vancouver.
Don't lock people up for substance abuse. It doesn't help anyone. It only makes things worse.
Bodah @ Sat Mar 24, 2012 6:09 am
He breached his parole for a previous conviction for an brutal sexual assault against a women while intoxicated. Part of his parole was not to be intoxicated.
Nothing new for Canada different rules for different people, look at the travesty called Caledonia.
Gunnair @ Sat Mar 24, 2012 6:42 am
Curtman Curtman:
$1:
The ruling marked the first time the court has ruled on how the Gladue principles, guidelines set by Parliament on aboriginal sentencing, are to be applied in cases involving long-term, violent offenders.
Those Criminal Code provisions are not a "race-based discount on sentencing," LeBel wrote.
They are a "remedial provision designed to ameliorate the serious problem of overrepresentation of Aboriginal People in Canadian prisons and to encourage sentencing judges to have recourse to a restorative approach to sentencing."
...
Manasie Ipeelee was caught cycling drunk in Kingston in August 2008 and pleaded guilty to breach of his order. His three-year sentence was upheld by the Ontario Court of Appeal until it was overturned Friday by the Supreme Court.
...
In the other case, the justices rejected a Crown appeal which wanted a stiffer sentence for an offender who was caught using cocaine and morphine at a halfway house in Vancouver.
Those Criminal Code provisions are not a "race-based discount on sentencing," LeBel wrote.
They are a "remedial provision designed to ameliorate the serious problem of overrepresentation of Aboriginal People in Canadian prisons and to encourage sentencing judges to have recourse to a restorative approach to sentencing."
...
Manasie Ipeelee was caught cycling drunk in Kingston in August 2008 and pleaded guilty to breach of his order. His three-year sentence was upheld by the Ontario Court of Appeal until it was overturned Friday by the Supreme Court.
...
In the other case, the justices rejected a Crown appeal which wanted a stiffer sentence for an offender who was caught using cocaine and morphine at a halfway house in Vancouver.
Don't lock people up for substance abuse. It doesn't help anyone. It only makes things worse.
So, what alternative do you propose for a violent abuser?
Curtman @ Sat Mar 24, 2012 6:50 am
Gunnair Gunnair:
So, what alternative do you propose for a violent abuser?
Treatment. Restorative Justice is about trying to actually do something about the problem instead of repeating the endless cycle that happens now.
Bodah @ Sat Mar 24, 2012 6:55 am
I'm sure while he was in the can for his first conviction he would of been given access to treatment, also more than likely part of his parole conditionsa would of been that he attend some sort of substance abuse program. So who's fault is it when he goes through treatment and can't remain sober , ours ?
Gunnair @ Sat Mar 24, 2012 6:59 am
Curtman Curtman:
Gunnair Gunnair:
So, what alternative do you propose for a violent abuser?
Treatment. Restorative Justice is about trying to actually do something about the problem instead of repeating the endless cycle that happens now.
And in that time, how is the safety of the general public ensured?
raydan @ Sat Mar 24, 2012 7:14 am
Can't help someone who doesn't want help...
Gunnair @ Sat Mar 24, 2012 7:22 am
raydan raydan:
Can't help someone who doesn't want help...
That's true. And in this case, the issue isn't so much about how to assist those with substance abuse issues but more to do with two different approaches to ladling out justice - based purely on skin color.
Curtman @ Sat Mar 24, 2012 7:22 am
Gunnair Gunnair:
Curtman Curtman:
Gunnair Gunnair:
So, what alternative do you propose for a violent abuser?
Treatment. Restorative Justice is about trying to actually do something about the problem instead of repeating the endless cycle that happens now.
And in that time, how is the safety of the general public ensured?
It's not being ensured by trying to rehabilitate through imprisonment. The opposite is happening. They go to prison with nothing, and come out with even less, except now they are beholden to the gang that they affiliate with behind bars.
Curtman @ Sat Mar 24, 2012 7:25 am
Gunnair Gunnair:
raydan raydan:
Can't help someone who doesn't want help...
That's true. And in this case, the issue isn't so much about how to assist those with substance abuse issues but more to do with two different approaches to ladling out justice - based purely on skin color.
It's not based on skin colour, its based community, and this:
$1:
"The circumstances of aboriginal offenders ... are unique and different from those of non-aboriginal offenders. There is something different about aboriginal offenders which may specifically make imprisonment a less appropriate or less useful sanction."
It doesnt say that skin colour is what makes that difference, only that a difference exists statistically.
Gunnair @ Sat Mar 24, 2012 7:27 am
Curtman Curtman:
Gunnair Gunnair:
Curtman Curtman:
Treatment. Restorative Justice is about trying to actually do something about the problem instead of repeating the endless cycle that happens now.
And in that time, how is the safety of the general public ensured?
It's not being ensured by trying to rehabilitate through imprisonment. The opposite is happening. They go to prison with nothing, and come out with even less, except now they are beholden to the gang that they affiliate with behind bars.
That doesn't really answer the question. Fact is, in order to garner positive public opinion for approaches to justice for violent offenders that does not include imprisonment you have to satisfy the public's demand for safety and for justice.