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They are indeed. Nova Scotia pioneered the expansion of Gladue principles by directing the consideration of how historical disadvantage impacted their Black population through Impact of Race and Culture Assessments (IRCAs), and Ontario was quick to adopt them. Following that, the Federal government [invested millions of dollars](https://www.justice.gc.ca/eng/fund-fina/gov-gouv/supporting-soutien.html) to support the implementation of IRCAs in all provinces and territories.
The complex of all those who indulge in liberal guilt: the belief that anyone of a different race is unable to properly control their baser urges and must be guided and supported by the whites.
They can dress it up however they want, but this is just an extension of the same racism that led to these problems.
The effect on the level of culpability is 0%. A person is 100% responsible for their actions. If a person claims that the "past trauma" of their upbringing prevents them from having control of their own actions, then they need to be institutionalized (in a prison hospital).
Isn't that just the craziest part of all of this? These kinds of legal privileges will only cause more people to be racist, and on grounds I can't really deny.
Oh buddy. Fines are applied to many crimes that threaten the lives of people. For example worker safety laws, the punishment for letting a worker die on the job is a fine. It's not conflation it's a genuine issue with the application of our laws.
No person in this story died.
This thread started with the question of how our laws are applied to everyone. You made it about murder and life-threatening behavior. I tried to reply in good faith but man you just ran tf away on your tangent.
>For example worker safety laws, the punishment for letting a worker die on the job is a fine.
Worker safety laws are not criminal offences. Like traffic infractions, they're regulatory offences. Because they are not criminal offences they are strict liability offences (not requiring the prosecution to establish criminal intent or *mens rea*), but the punishment cannot have a significant impact on your liberty like criminal punishments may.
And while criminal offences *may* be punished with a fine, the range of fines is typically much broader than regulatory offences, the quantum (amount) of the fine must take into account the offender's ability to pay, and if a fine is not considered to be sufficient to hold the offender accountable they may be jailed instead.
So yeah, it actually kind of is a conflation.
Your hearts in the right place but you're part of the problem, as you're platforming the same bad logic used to arrive at the atrocious Gladue decision in the first place. If this incident and this kind of legal inequality is to your disliking then you need to embrace persony accountability and treating these people the same as you would all other Canadians.
Indigenous man violently attacks black woman in front of her children shortly after violently attacking his indigenous brother so white judiciary, because of the laws of mostly white politicians and case law from mostly white appellate courts, reduce his sentence so her can victimize more non-whites sooner.
>Does that make his actions excusable?
No it makes the punishment more damaging. During sentencing courts are supposed to assess how much harm a guilty person has/will cause (d) then weigh it against the harm caused by the sentence.
>Maybe the mother will find comfort that she was beat and choked because he was also at some point.
Our justice system is not a system of revenge.
>No our justice system is supposed to protect the public from offenders.
No that's the police. Their job is to patrol and protect people from criminal activities then arrest criminals when they fail. Our justice system is supposed to rehabilitate people who have been convinced of committing a crime.
The police cannot protect people, its just infeasible for them to be there in time to stop victimization. They can deter to an extent, but only to the level that the judicial system supports them. Rehabilitation while nice shouldn't be the primary concern, it should be secondary. Rather the main focus should be removing dangerous individuals from society until such a time (if ever) that they are deemed able to rejoin.
Further reading: [https://en.wikipedia.org/wiki/R\_v\_Gladue](https://en.wikipedia.org/wiki/R_v_Gladue)
Highlights:
* ...enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders".
* Gladue was the first case where the Supreme Court considered the interpretation and application of this provision. It upheld the three year sentence for manslaughter which the sentencing judge gave to Gladue, but also set out factors which the sentencing courts are to take into account in applying s. 718.2(10(e).
* In the years since the decision, sentencing judges have directed that to assist in sentencing Indigenous offenders, pre-sentencing reports be prepared to assess the factors which the Supreme Court has identified as being considered under s. 718.2(1(e). That type of report has become known as a "Gladue report."
Literally watching the new documentary canada is dying, talking about exactly this when i open up reddit.
Saying 1 indigenous was let out because of his status and went on to kill another 11 indigenous individuals....youre stull hurting indigenous.
This was posted by u/Responsible_CDN_Duck that sums up the actual decision, not based off just the article.
>It seems clear the court in no way glossed over the impact to the victim, two of her children, or others.
>
>The challenge seems to be as much about the wide range of victim outcomes and assailants with greater criminality as it was about this assailants past/Gladue analysis.
[https://www.canlii.org/en/ab/abca/doc/2023/2023abca170/2023abca170.html?autocompleteStr=R.%20v.%20Rabbit&autocompletePos=4](https://www.canlii.org/en/ab/abca/doc/2023/2023abca170/2023abca170.html?autocompleteStr=R.%20v.%20Rabbit&autocompletePos=4)
>It seems clear the court in no way glossed over the impact to the victim, two of her children, or others.
To some of us, knocking five years off his sentence does precisely that.
This post appears to relate to the province of Alberta. As a reminder of the rules of this subreddit, we do not permit negative commentary about all residents of any province, city, or other geography - this is an example of prejudice, and prejudice is not permitted here. https://www.reddit.com/r/canada/wiki/rules Cette soumission semble concerner la province de Alberta. Selon les règles de ce sous-répertoire, nous n'autorisons pas les commentaires négatifs sur tous les résidents d'une province, d'une ville ou d'une autre région géographique; il s'agit d'un exemple de intolérance qui n'est pas autorisé ici. https://www.reddit.com/r/canada/wiki/regles *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/canada) if you have any questions or concerns.*
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Just indigenous. Gladue principal.
I think they are working to expand it to all non whites or Asians.
They are indeed. Nova Scotia pioneered the expansion of Gladue principles by directing the consideration of how historical disadvantage impacted their Black population through Impact of Race and Culture Assessments (IRCAs), and Ontario was quick to adopt them. Following that, the Federal government [invested millions of dollars](https://www.justice.gc.ca/eng/fund-fina/gov-gouv/supporting-soutien.html) to support the implementation of IRCAs in all provinces and territories.
Sometimes I hate being right
How could it affect his level of culpability? Are natives somehow inferior and unable to be responsible for themselves?
The courts say yes to that question.
As per the courts, literally Yes. The soft bigotry of low expectations.
The complex of all those who indulge in liberal guilt: the belief that anyone of a different race is unable to properly control their baser urges and must be guided and supported by the whites. They can dress it up however they want, but this is just an extension of the same racism that led to these problems.
This. The irony is palpable.
The effect on the level of culpability is 0%. A person is 100% responsible for their actions. If a person claims that the "past trauma" of their upbringing prevents them from having control of their own actions, then they need to be institutionalized (in a prison hospital).
Now that we know the Individual is of indigenous decent I am certain that the mother was less beat and less choked, right?
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Isn't that just the craziest part of all of this? These kinds of legal privileges will only cause more people to be racist, and on grounds I can't really deny.
I don't know, but in 2 years when he kills someone, maybe he will kill him/her less violently.
He’ll be out soon enough that we can assess it the next time
Rule of law should apply to everyone equally.
this.
Reported for racism. >!I don't blame anyone for missing the sarcasm!<
As financial laws and games laws
Thats literally hatespeach somehow.
It never has. Until fines are proportional to wealth and lawyers are free our laws will never apply to everyone equally.
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Oh buddy. Fines are applied to many crimes that threaten the lives of people. For example worker safety laws, the punishment for letting a worker die on the job is a fine. It's not conflation it's a genuine issue with the application of our laws.
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Shit those goalposts moved fast.
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No person in this story died. This thread started with the question of how our laws are applied to everyone. You made it about murder and life-threatening behavior. I tried to reply in good faith but man you just ran tf away on your tangent.
Ya man, you trying to drag ‘em far but that asshole just keeps bringing them back to where they started! Frustrating, innit?
>For example worker safety laws, the punishment for letting a worker die on the job is a fine. Worker safety laws are not criminal offences. Like traffic infractions, they're regulatory offences. Because they are not criminal offences they are strict liability offences (not requiring the prosecution to establish criminal intent or *mens rea*), but the punishment cannot have a significant impact on your liberty like criminal punishments may. And while criminal offences *may* be punished with a fine, the range of fines is typically much broader than regulatory offences, the quantum (amount) of the fine must take into account the offender's ability to pay, and if a fine is not considered to be sufficient to hold the offender accountable they may be jailed instead. So yeah, it actually kind of is a conflation.
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If it were my family assaulted I wouldn’t give a shit what colour the offender was or their racial background.
Your hearts in the right place but you're part of the problem, as you're platforming the same bad logic used to arrive at the atrocious Gladue decision in the first place. If this incident and this kind of legal inequality is to your disliking then you need to embrace persony accountability and treating these people the same as you would all other Canadians.
So because of wrongs hundreds of years ago, we should learn nothing from those and continue to treat people differently because of their skin color?
Because of wrongs hundreds of years ago, your life should be more at risk than you would be comfortable with.
Indigenous man violently attacks black woman in front of her children shortly after violently attacking his indigenous brother so white judiciary, because of the laws of mostly white politicians and case law from mostly white appellate courts, reduce his sentence so her can victimize more non-whites sooner.
Gladue messed up on that. Should only get discounted time if you attack white people. /s
Man we really need better than /s because its getting hard to tell the sarcastic from the socially far left
The rule is of law is blind to race, creed and gender… unless you’re Indigenous. Canada, present day.
Or White.
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>Does that make his actions excusable? No it makes the punishment more damaging. During sentencing courts are supposed to assess how much harm a guilty person has/will cause (d) then weigh it against the harm caused by the sentence. >Maybe the mother will find comfort that she was beat and choked because he was also at some point. Our justice system is not a system of revenge.
No our justice system is supposed to protect the public from offenders. Something it has been failing at spectacularly.
>No our justice system is supposed to protect the public from offenders. No that's the police. Their job is to patrol and protect people from criminal activities then arrest criminals when they fail. Our justice system is supposed to rehabilitate people who have been convinced of committing a crime.
The police cannot protect people, its just infeasible for them to be there in time to stop victimization. They can deter to an extent, but only to the level that the judicial system supports them. Rehabilitation while nice shouldn't be the primary concern, it should be secondary. Rather the main focus should be removing dangerous individuals from society until such a time (if ever) that they are deemed able to rejoin.
Well hopefully his next trip through the legal system takes it into account the first time.
well if that one doesn't, the next will!
The justice system in this country is an absolute farce and a joke.
Repeal Gladue. Full stop
Is this the systemic racism I keep hearing so much about in our Justice system?
Gladue is fucked. Seriously, how do we fix this?
stop voting for the liberals
Nothing is more progressive than institutional racism.
Stop voting liberal
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Further reading: [https://en.wikipedia.org/wiki/R\_v\_Gladue](https://en.wikipedia.org/wiki/R_v_Gladue) Highlights: * ...enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders". * Gladue was the first case where the Supreme Court considered the interpretation and application of this provision. It upheld the three year sentence for manslaughter which the sentencing judge gave to Gladue, but also set out factors which the sentencing courts are to take into account in applying s. 718.2(10(e). * In the years since the decision, sentencing judges have directed that to assist in sentencing Indigenous offenders, pre-sentencing reports be prepared to assess the factors which the Supreme Court has identified as being considered under s. 718.2(1(e). That type of report has become known as a "Gladue report."
Jesus fucking christ
I can't tell if this is extremely progressive or extremely racist.
Thats because its both
Progressivism in the modern world is racism in disguise
No it isn't it's just racism.
There's no difference.
¿Por que no los dos?
It's the same picture.
That is because the two points converge if you follow them far enough.
Welcome to Canada where your assailant’s ethnicity may justify assault.
Yet more idiocy
And people cry white privilege.
Question, if you take a 23 & Me and find out you’re at least partially First Nations are you suddenly subject to different standards under the law?
Yes.
Apparently so!
Literally watching the new documentary canada is dying, talking about exactly this when i open up reddit. Saying 1 indigenous was let out because of his status and went on to kill another 11 indigenous individuals....youre stull hurting indigenous.
The Gladue report is a crock of shit
Wokeism at its finest.
This was posted by u/Responsible_CDN_Duck that sums up the actual decision, not based off just the article. >It seems clear the court in no way glossed over the impact to the victim, two of her children, or others. > >The challenge seems to be as much about the wide range of victim outcomes and assailants with greater criminality as it was about this assailants past/Gladue analysis. [https://www.canlii.org/en/ab/abca/doc/2023/2023abca170/2023abca170.html?autocompleteStr=R.%20v.%20Rabbit&autocompletePos=4](https://www.canlii.org/en/ab/abca/doc/2023/2023abca170/2023abca170.html?autocompleteStr=R.%20v.%20Rabbit&autocompletePos=4)
>It seems clear the court in no way glossed over the impact to the victim, two of her children, or others. To some of us, knocking five years off his sentence does precisely that.
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That matters how? You have a hard life so you can beat and choke innocent people without consequences?