Top court sets sentencing framework for cases involving Indigenous offenders, victims

Advertisement

Advertise with us

OTTAWA - The Supreme Court of Canada says in cases where an Indigenous offender commits an offence against an intimate partner who is an Indigenous woman, a judge must apply sentencing principles related to both Indigenous offenders and victims of crime in a harmonious way.

Read this article for free:


or

Already have an account? Log in here »

To continue reading, please subscribe:

Subscribe and receive a limited-edition Free Press branded hat or tote.

Digital Subscription

One year of digital access for only $205*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles

*First annual payment billed as $205.00 + GST for one year. This annual subscription will automatically renew at $233.00 + GST every 52 weeks (10% off the regular annual price of $259.35). Offer available to new and qualified returning subscribers only. Cancel any time.

To continue reading, please subscribe:

Add Free Press access to your Brandon Sun subscription for only an additional

$1 for the first 4 weeks*

  • Enjoy unlimited reading on winnipegfreepress.com
  • Read the E-Edition, our digital replica newspaper
  • Access News Break, our award-winning app
  • Play interactive puzzles
Start now

*Your next Brandon Sun subscription payment will increase by $1.00 and you will be charged $17.95 plus GST for four weeks. After four weeks, your payment will increase to $24.95 plus GST every four weeks.

OTTAWA – The Supreme Court of Canada says in cases where an Indigenous offender commits an offence against an intimate partner who is an Indigenous woman, a judge must apply sentencing principles related to both Indigenous offenders and victims of crime in a harmonious way.

In a 5-4 judgment today, the top court provided guidance and set out a new framework for determining an appropriate sentence in such cases.

The court says Indigenous people are disproportionately and excessively imprisoned, while Indigenous women and girls suffer from unacceptably high levels of violence and abuse.

The grand hall of the temporary Supreme Court of Canada, located in the West Memorial Building in Ottawa, is seen on Friday, Sept. 4, 2026. THE CANADIAN PRESS/Justin Tang
The grand hall of the temporary Supreme Court of Canada, located in the West Memorial Building in Ottawa, is seen on Friday, Sept. 4, 2026. THE CANADIAN PRESS/Justin Tang

It says both of these issues have been shaped by the experiences of colonization, and addressing them together is central to the ongoing process of reconciliation.

The ruling comes in the case of a Mi’kmaq man with severe mental health challenges who was sentenced to five years in prison after pleading guilty to aggravated assault against his partner, a Mi’kmaq woman.

A majority of the Nova Scotia Court of Appeal reduced the sentence to three years, and the Supreme Court ruled today the three-year sentence should stand.

This report by The Canadian Press was first published Oct. 9, 2026.

Report Error Submit a Tip

Canada

LOAD CANADA ARTICLES