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R v Nakashook

CanLII (Federation of Law Societies of Canada)
CanLII · Legal · License: Open Access
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canada, canadian, case law, court opinion, canlii, nuca, 2025nuca1, 2025 nuca 1 (canlii), 2025, nuca, 1, (canlii), 08-24-004-cap, 2025, criminal procedure, sentencing, rejection of joint submissions, appeal court reviewing sentencing judge's approach, sentencing judge rejected joint submission and imposed a longer sentence, did the sentencing judge err in rejecting the joint submission without properly applying the public interest test?, joint submissions cannot be rejected unless they would shock the public conscience or undermine the administration of justice, r v anthony, cook, 2016 scc 43, criminal procedure, sentencing, systemic benefits of joint submissions, deference to joint crown, defence proposals, sentencing judge dismissed the systemic benefits and quid pro quo offered in the submission, did the sentencing judge fail to properly weigh the systemic benefits and concessions of the joint submission?, stringent public interest test encourages resolutions and facilitates efficient justice, anthony, cook and systemic reliability emphasized, indigenous peoples, sentencing, gladue factors, rehabilitation and overrepresentation, appellant experienced a traumatic upbringing, systemic marginalization, and pre, sentence custody hardship, should the appellant's gladue factors and pre, sentence custody have been given more weight?, judicial discretion in sentencing must consider systemic disadvantages and the unique circumstances of indigenous offenders, criminal code, ss. 718.2(e), 719(3.1)
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