Gladue factors are significant

R v Courtorielle, 2013 ABCA 317 is a useful reminder that Gladue factors are not merely items for a sentencing judge to mouth before giving the sentence that would be given to a non-aboriginal offender.  The Alberta Court of Appeal emphasizes that a failure to give proper weight to Gladue will lead to leave being granted and a sentence being reviewed; and in this case the charges were far from minor being break and enter with assault, break and enter a dwelling house, break and enter with theft, assault with a weapon, and resisting arrest.  The Court held:

[3]               In our view, the sentence is excessive as full effect was not given to the Gladue factors, which in this particular case indicated a diminished level of moral culpability. Indeed, the Crown in its factum very fairly acknowledged the extreme conditions suffered by the appellant in growing up in his community. In these circumstances, we allow the appeal and reduce the appellant's sentence to the time already served, which is approximately twenty six and a half months.