L'ETCAF et le Système de Justice

R v Smarch 2019 CarswellYukon 18, 2019 YKCA 5, 154 W.C.B. (2d) 248

D. Smith J.A., Fitch J.A., Butler J.A.

Yukon Territory Court of Appeal-Decided March 6, 2019

Accused is a First Nations man residing in Yukon convicted of sexually assaulting an unconscious female in a public park—Crown successfully applied to have accused designated as a dangerous offender—Accused brought application to extend appeal dangerous offender aspect of his sentence—application granted—Court discussed Gladue principles and concepts of restraint as well as over-representation of Indigenous persons in the dangerous offender population—mitigating factor was that the accused suffers from FASD and lacks the capacity to maintain awareness that his judgment, cognitive skills and interpersonal skills are impaired and that his sexual and social behaviours are inappropriate