Law360 Canada ( February 27, 2023, 9:06 AM EST) -- Application by Kehoe for leave to appeal his sentence because the sentencing judge erred in principle by failing to give meaningful effect to s. 718.2(e) of the Criminal Code and Gladue principles, and if granted, would appeal his sentence. Kehoe, of Métis heritage, was convicted of one count of aggravated assault for stabbing the victim. The judge found Kehoe had stabbed the victim twice. The assault was unprovoked. The stab wounds punctured the victim’s lung and lacerated his liver. If not for surgery, the victim would have died. The judge sentenced Kehoe to five years’ imprisonment less time served. He also made ancillary DNA and firearms orders. Kehoe sought leave to appeal his sentence and if successful, sought a sentence of three to four years’ imprisonment less time served. The Crown argued the judge appropriately accepted its position that Kehoe’s Indigenous status should be given little weight because the nexus between his status and the offence was limited. In the Crown’s submission, the dysfunction in Kehoe’s life was related mostly to his non-Indigenous stepfather’s behaviours rather than to Gladue factors....