R v Ipeelee, 2012 SCC 13

The appellant pleaded guilty to breaching a condition of his Long Term Supervision Order (LTSO). 

In the 2012 case of R v Ipeelee SCC 13 the Supreme Court of Canada also took the opportunity to reiterate important restorative sentencing principles from Gladue that had not been consistently followed in provincial and appellate courts. It expressly restates that 'restorative justice' is a sentencing principle which stands alongside 'traditional' principles of deterrence, rehabilitation and punishment such that in Canadian courts a balance must be struck. 

S v Tabethe [2009] ZAGPHC 23

In the 2009 case of S v Tabethe ZAGPHC 23 the High Court of South Africa determined that although the offence was of a serious nature, sexual assault, restorative justice was an appropriate sentence that would punish the accused, restore the victim, help heal the damage done and benefit society (para. 40).

The court stressed at (para. 39)

R v Jacko, 2010 ONCA 452

The appellant was convicted of robbery while armed with an offensive weapon in an aboriginal community.

In the 2010 case of R v Jacko ONCA 452 the Court of Appeal for Ontario reflected on the importance of both considering restorative justice in sentencing, and ensuring that restorative justice has tangible outcomes in sentencing.

Watt J.A highlights at (para. 86) that restorative justice sentencing objectives may include

R v Forrest [2016] ACTSC 321 (28 November 2016)

Accused arraigned on an indictment containing 37 counts, including, theft, property damage, burglary, aggravated burglary, dishonestly receiving stolen property, and, dishonestly taking and using a motor vehicle.

In considering whether any of the offences should be referred to restorative justice, Refshauge ACJ outlined the growing evidence in support of restorative justice and its value for victims, offenders and the justice system (para. 5­­–8).

R v Gladue

Jamie Gladue 19-year-old Aboriginal woman stabbed & killed her partner during an argument in which he had taunted her with his infidelities.

Cory and Iacobucci JJ said in Gladue [para no]

RJ in sentencing

The seminal (Canadian) case recognising the place of restorative sentencing goals is R Gladue [1999] SC Canada [full citation, link]

Jamie Gladue 19-year-old Aboriginal woman stabbed & killed her partner during an argument in which he had taunted her with his infidelities.

Cory and Iacobucci JJ said in Gladue [para no]