In Summers (Re) (Ont CA, 2024) the Ontario Court of Appeal considered the ORB's application of Gladue (indigenous) doctrine in an NCR case:
[18] We do not agree that the Board erred. The proper application of Gladue principles will not always lead to a different disposition as compared to a non-Indigenous person. What is required is that the Board be alert – at each stage of the analysis – to the potential to overlook “the unique circumstances of aboriginal NCR accused and ensure that it has adequate information in relation to the aboriginal background of an NCR accused to enable the ORB to assess the reintegration of the accused into society and the accused’s other needs …”: R. v. Sim (2005), 2005 CanLII 37586 (ON CA), 78 O.R. (3d) 183 (C.A.), at para. 29. The Board, in this case, did exactly that. It noted the exemplary efforts of the social work team at St. Joseph’s to engage Mr. Summers with culturally appropriate supports, with the goal of eventually returning him to live in the community in Owen Sound. The fact that such a move was judged to be inadvisable at this time because of the risk to the public Mr. Summers would present, particularly given the paucity of acceptable housing options, is not a manifestation of a failure to abide by Gladue principles.
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