Sunday, May 5, 2013

Gladue reports must be balanced and objective

R. v. Lawson, 2012 BCCA 508 cites R. v. Blanchard, 2011 YKTC 86 holding:

[28]        Finally, as a form of pre-sentence report, Gladue reports should be subject to the same general requirements of balance and objectivity as conventional pre-sentence reports.  Thus, the writer should attempt to remain detached rather than advancing personal opinions.  While Gladue reports may offer suggestions or proposals about potential restorative or rehabilitative programs or sentences, and particularly those tailored to Aboriginal offenders, they should not strongly recommend specific sentences.  The sentencing function belongs to the judge.

1 comment:

Susan Vento said...

Hi James,

I have a quick question regarding your blog. If you could send me an email when you get a chance, I would greatly appreciate it!