For a crime that might normally bring 12 to 17 years in prison, the Crown sought eight; Judge Hill gave Knockwood six years, citing “serious state misconduct” through the Gladue delay.Let me see if I've got this straight. In one case a man robs and rapes a woman; in another, someone smuggles heroin. And the judges are outraged not by the crimes but because some slip of paper or report was not available to them at the time of sentencing? What kind of distorted leftist world do these judges inhabit where they are more outraged by non-compliance with paperwork than with the crimes themselves? And what exactly is wrong with sentencing based on the crime rather than the race or background of the perp? A lot, apparently.
“When sentencing an aboriginal offender, courts must take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and of course higher levels of incarceration for aboriginal peoples. [the "it's all our fault" principle]
“To the extent that the application of the Gladue principles lead to different sanctions for aboriginal offenders, those sanctions will be justified based on their unique circumstances — circumstances which are rationally related to the sentencing process.”By "different sanctions" I presume they don't mean harsher. Here's a question: what kind of educational attainment did aboriginals achieve before colonialism? What were their income rates? What were their employment rates then? You can't insist aboriginals remain in their isolated cultures on reserves and also expect they attain the same outcomes as integrated Canadians. It ain't gonna happen. And if you suggest integration would be good for aboriginals you get slapped down as being racist. Meanwhile, according to the courts, aboriginal crime rates are our fault and we should expect less from aboriginals. What's that going to do for aboriginal self-esteem?
We should be just as outraged by more lenient sentences for aboriginals as we would be if judges were giving harsher sentences. There should be one law, and one standard of enforcement, for all Canadians.
And that's the way the Ball bounces.