In R v Cope, 2026 SCC 32, the Supreme Court of Canada held in a 5-4 decision that sentencing judges must consider the circumstances of both Indigenous offenders and Indigenous victims when determining a fit sentence. The Court upheld a reduction of the offender’s sentence from five years to three years for aggravated assault against his Indigenous intimate partner, finding that the sentencing judge failed to adequately account for the offender’s mental illness, Indigenous background factors and the recommendations of a sentencing circle.
See linked case in CANLII
The decision establishes a three-step framework requiring judges to assess the offender’s and victim’s Indigenous circumstances, identify the applicable sentencing objectives and impose a proportionate sentence that balances denunciation and deterrence with rehabilitation and alternatives to incarceration.
LAA will be updating the Siksika Nation standards to incorporate reference to this case.
