Is a sentence that would otherwise fit for an otherwise fit custodial sentence unconstitutional because of the offender's disabilities?
British Columbia, Canada
The following excerpt is from R. v. Adam, 2014 BCSC 1943 (CanLII):
All sentences impose some disadvantage or restriction of liberty on an offender, but that does not render a sentence unconstitutional. It would be wrong to decline an otherwise fit sentence by reason of an offender’s disabilities. These principles are recognized in R v. T.L.B., 2007 ABCA 61 at para 33: …while we recognize that imprisonment may have a disproportionate impact on a person with disabilities for a variety of reasons, the fact that this is so cannot be used as a reason to decline to impose a custodial sentence where it is otherwise warranted. If that were the case, then individuals with disabilities could never be incarcerated, no matter their crime. That cannot be. Thus, the sentencing judge erred in using the mother's disabilities as a reason not to impose an otherwise fit custodial sentence.
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