What is the impact of aboriginal heritage on the sentence of an aboriginal offender?

Alberta, Canada


The following excerpt is from R v. Willier, 2013 ABQB 629 (CanLII):

The analysis of Slatter J. in R v. Popowich, 2013 ABCA 149 at paragraph 24 is applicable to this case: 24 While an offender does not have to prove a causal link between his aboriginal status and the particular offence, some relevance must be shown. There is no sentence discount merely for being aboriginal. The sentencing judge held only that he “grew up as an inheritor of the legacy of the residential schools of this country”. This reflects an error in principle, as it appears to apply an automatic discount because of the experiences of his ancestors. The sentencing judge never discussed how the respondent’s aboriginal heritage had any relationship to this offence. Indeed, because the respondent never explained why he and his accomplices attended on these premises to stab the complainant, it would likely have been impossible to draw that conclusion. Again, the onus of proving this potentially mitigating circumstance was on the respondent.

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