Braiding Indigenous Law & Sentencing Principles: R v Cope, 2026 SCC 32

Jamie Sarkonak: Supreme Court downplays 'non-Indigenous legal traditions' to enshrine sentencing circles

On Friday, in deciding the appeal of a part-Mi'kmaq man who brutally beat his Mi'kmaq girlfriend in the street, a majority of the Supreme Court of Canada declared that judges are now required to hear out what sentencing circles have to say in the sentencing of an Indigenous offender.

Canada Doubles Down on Letting Indigenous Criminals Off Easy – The American Spectator | USA News and Politics

In the United States, the law is the same for everyone, regardless of race — at least theoretically. But in Canada, there is a parallel justice system for the favored race: indigenous people. Since 1999, judges have been asked to give more lenient sentences to indigenous people out of ideological concern for “Indigenous overincarceration.” In addition, indigenous people are offered “sentencing circles” specific to “Aboriginal offenders.” These “…

Jamie Sarkonak: Supreme Court downplays ‘non-Indigenous legal traditions’ to enshrine sentencing circles

On Friday, in deciding the appeal of a part-Mi’kmaq man who brutally beat his Mi’kmaq girlfriend in the street, a majority of the Supreme Court of Canada declared that judges are now required to hear out what sentencing circles have to say in the sentencing of an Indigenous offender. The five judges responsible for the […]

Braiding Indigenous Law & Sentencing Principles: R v Cope, 2026 SCC 32

Today we look at the October 9th decision in R v Cope, 2026 SCC 32 and what the majority said about Indigenous law and legal traditions in the area of criminal law.