Gladue Prinicples (Application to Quasi-Criminal)
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R. v. Karau, 2014 ONCJ 207 (CanLII)[1]
[1] Mr. Karau is Aboriginal and a member of the Lac Des Milles Lac First Nation. He was found guilty of driving while suspended contrary to s.53 (1) of the Highway Traffic Act. The Crown is seeking a sentence of 30 to 60 days in custody, while the defence argues on the basis of Gladue, that there should not be incarceration. The record of the Defendant as filed shows 20 prior convictions for the same offence, making incarceration a possible disposition. The application of Gladue principles is appropriate in these circumstances.
(...)
[3] The duty of a sentencing justice is to ensure that the information available for consideration by the court is sufficient to comply with the principles set out in Gladue. This duty exists when incarceration is to be considered for an Aboriginal person.
[1]R. v. Karau, 2014 ONCJ 207 (CanLII), <https://canlii.ca/t/g6pdr>, retrieved on 2025-08-19</ref>
