Where Incarceration will have a Disproportionate Impact on a Person with Disabilities


The fact that a custodial sentence will have a disproportionate impact on a person with disabilities may well be a legitimate factor to be taken into account in determining the length of that custodial sentence:

R. v. T.L.B., 2007 ABCA 61; R. v. R.(A.) (1994) 1994 CanLII 4524 (MB CA), 88 C.C.C. (3d) 184 (C.A.); R. v. Nuttall (2001), 2001 ABCA 277 (CanLII), 293 A.R. 364

Similarly, the offender’s physical infirmity may result in incarceration having a disproportionate impact on that individual. Where this is so, this impact may be taken into account in fashioning the appropriate sentence.

R. v. C.D., 2012 ONCA 696; see also R. v. Allen, 2017 ONCA 170.






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