''R v Wells'' is a decision of the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to ...
with respect to sentencing principles set out in s 718.2(e) of the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
, relating to Aboriginal offenders. The decision clarified the principles set out in the Court's earlier decision in ''
R v Gladue
''R v Gladue'' is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the ''Criminal Code''. That provision, enacted by Parliament in 1995, directs the courts to take into consideration "a ...
''.
Background
The offender was attending a house party where he assaulted an 18-year-old girl while she was sleeping. The offender was convicted. At the sentencing hearing he asked for a
conditional sentence, citing s 718.2(3) of the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
, which directs that sentencing courts should take the circumstances of Aboriginal offenders into account when considering whether to give a non-custodial sentence. The trial judge agreed that the court must take into account the offender's Aboriginal heritage, but held that the sentence could not be served in the community since it would not provide sufficient denunciation and deterrence. The
Alberta Court of Appeal upheld the sentence.
''R. v. Wells'', 1998 ABCA 109 (CanLII).
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Reasons of the Court
Justice Iacobucci for a unanimous court held that where the severity of the offence increases, the applicability of s. 718.2(e) decreases. For crimes of violence and where the offender is a substantial risk to the community, the offender should receive a sentence substantially similar to non-Aboriginal offenders.
See also
* List of Supreme Court of Canada cases (Lamer Court)
This is a chronological list of notable cases decided by the Supreme Court of Canada from appointment of Antonio Lamer as Chief Justice of Canada
The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine- ...
References
{{DEFAULTSORT:Wells
Supreme Court of Canada cases
2000 in Canadian case law
Canadian criminal case law