Cultural Norms Contrary to Cdn Criminal Law Not A Factor in Sentencing
It is difficult, if not impossible to totally forget the values of your country of origin when you adopt a new country. Despite that fact, the Ontario Court of Appeal has ruled that cultural differences that condone or tolerate conduct contrary to Canadian criminal law are not to be considered a mitigating factor on sentencing.
In R. v H.E., the accused was charged with sexual assault and four counts of assaulting his wife of 16 years. The first 13 years of their marriage was in Iran and the final three were in Canada. The wife testified that both the sexual assaults and the assaults were a regular occurrence that had occurred during the duration of the marriage. She testified that she did not complain of the conduct in Iran because there, the conduct was considered normal. Following the conviction, the trial judge considered the cultural difference between Iran and Canada as a factor in sentencing.
The Court of Appeal rejected this approach stating clearly that cultural differences that promote values contrary to Canadian criminal law were an inappropriate consideration in sentencing. In other words, cultural differences to not excuse criminal conduct.
R. v. H.E. 2015 ONCA 531 http://www.canlii.org/en/on/onca/doc/2015/2015onca531/2015onca531.pdf
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