SECTIONS 7 AND 15 - THE EFFECT OF AN OFFENDER'S ABORIGINAL STATUS ON MANDATORY MINIMUM SENTENCES FOR IMPAIRED DRIVING

Mr. Anderson was being sentenced for his fifth impaired driving offence. The Crown gave Mr. Anderson notice of its intention to seek greater punishment. The mandatory minimum sentence was 120 days imprisonnment. The trial judge imposed a 90 day sentence and the Crown appealed.  The appeal was dismissed:  In the absence of an explanation by the Crown, the inference follows that Mr. Anderson’s aboriginal status was not taken into account when the determination was made to seek the mandatory minimum sentence.  In the circumstances, applying the principles set out in Ipeelee and Gladue, it cannot be said that the Crown’s decision to request a mandatory minimum term of imprisonment complied with the principles of fundamental justice in accordance with section 7 of the Charter. R. v. Anderson, 2013 NLCA 2