L'ETCAF et le Système de Justice

R. v Cardinal, 2017 ABCA 396

Appeal by First Nations offender of 4 year sentence for aggravated assault - judge considered likelihood of FASD as a mitigating factor - FASD diagnosis not supported by expert opinion and largely emanated from statements of appellant - no evidence of where appellant was on the spectrum or how it affected his conduct - no palpable and overriding error in the finding even if the record is scant - appropriate to consider likely FASD and in any event the appellant’s life had been seriously distorted because of deprivation and neglect