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When Indigenous Identity Emerges After Sentencing

1d ago 21:55

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A guilty plea, a forgotten past, and a courtroom test of how identity meets justice. We open with a 2011 assault case resolved by a joint submission: an 18‑month conditional sentence after the accused conceded his force exceeded self‑defence. Years later, he discovered his father was Indigenous and obtained status, then sought an out‑of‑time appeal to revisit both plea and sentence. We walk through the legal gatekeeping for late appeals—intention, prejudice, merit, and the interests of justice—and unpack why section 718.2(e) and the Supreme Court’s Gladue jurisprudence require more than ancestry alone. Without a Gladue report or concrete evidence tying personal background to the offence and sentence, the Court of Appeal found no basis to disturb a non‑custodial disposition, underscoring the balance between individualized justice and finality.
Then the floor drops out on a modern confidence game. A Victoria woman was lured by “1% per day” crypto returns, saw early profits, re‑mortgaged her home, and pushed $671,000 through a cryptocurrency exchange to a third‑party wallet. Could the exchange be liable in negligence? We break down duty of care, standard of care, causation, and damages, and why the court concluded the platform did everything a reasonable exchange should: prominent written warnings, live calls from staff and a supervisor urging her to stop, risk scoring on the destination wallet, and documented customer pressure to proceed. The claim failed, and the case now stands as a sharp warning about irreversible blockchain transfers and the psychology of fraud.
If you care about Canadian criminal law, Indigenous sentencing principles, or investor protection in crypto, this story delivers practical takeaways: build a real record for Gladue considerations; treat “guaranteed” returns as a red flag; and know that platforms can warn you, but they can’t always save you. Like what you heard? Follow the show, share it with a friend, and leave a quick review to help others find thoughtful legal analysis that cuts through the noise.

Follow this link for a transcript of the case and links to the cases dismissed.

Chapters

1. Assault Case And Guilty Plea (00:00:00)

2. Discovering Indigenous Status Years Later (00:02:10)

3. Gladue Principles And Sentencing (00:04:05)

4. Extension Of Time To Appeal Test (00:07:07)

5. Why The Appeal Was Denied (00:10:10)

6. The Victoria Crypto Scam Setup (00:11:30)

7. Duty Of Care And Negligence Basics (00:13:35)

8. Exchange Warnings And User Pressure (00:16:00)

9. Court Findings And Key Lessons (00:18:00)

277 episodes

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