The minority justices issued a searing dissent condemning the laws as contributing to systemic discrimination against Indigenous people.
, a 20-year-old single mother living in Toronto and the granddaughter of a residential school survivor, was two months behind on rent and facing becoming homeless with her infant daughter.
But before 2012, Sharma would have been able to seek a conditional sentence that would allow her to remain in the community with her young daughter under strict conditions.
While Sharma’s circumstances are tragic, “those facts do not make her offence any less serious,” Justices Russell Brown and Malcolm Rowe wrote for the majority, noting that the intent of the provisions is to make sure offences deemed serious by Parliament consistently result in jail time. “For Indigenous offenders whose background conditions make them especially unfit for prison, this only compounds their disadvantage,” the minority wrote, adding that the law results in Indigenous people being denied a sentencing option that incorporates restorative justice principles and activities that reflect sacred connections between Indigenous people and the natural world.
The only way the Supreme Court majority could come to the decision they came to “was to turn their eyes away from the evidence that was presented to them and they see every day in the news,” said Jonathan Rudin, program director at Aboriginal Legal Services, who intervened in the case. He added that statistics should not be needed to show the discriminatory effect, particularly when the impact was clear in Sharma’s own case.
المملكة العربية السعودية أحدث الأخبار, المملكة العربية السعودية عناوين
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