SCC overturns lower court decision, rules Criminal Code provisions on sentencing constitutional

By Amanda Jerome (November 4, 2022, 11:05 AM EDT) -- A divided Supreme Court of Canada has overturned a Court of Appeal decision, ruling Nov. 4 that certain Criminal Code provisions on sentencing, which the lower court had found unconstitutional, do not limit the Indigenous respondent’s Charter rights. While both the majority and dissent noted the overincarceration of Indigenous people, the majority held that the respondent “did not demonstrate that the impugned provisions created or contributed to a disproportionate impact on Indigenous offenders, relative to non Indigenous offenders …”...
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