‘Cultural gap’ not a reason for lighter sentence for Iranian immigrant guilt of raping wife, beating children: court

Good correction of the original court decision and reminder that multiculturalism and “cultural practices” are within the context of Canadian laws and rights:

In doing so, the Court of Appeal said the lower court judge who handed the man an 18-month term was wrong to assume cultural differences were a mitigating factor — even though the defence never raised the issue.

The man, who cannot be identified by court order to protect his now ex-wife and children, will instead have to serve a four-year term, the Appeal Court decided.

“Cultural norms that condone or tolerate conduct contrary to Canadian criminal law must not be considered a mitigating factor on sentencing,” the Appeal Court ruled. “To hold otherwise undermines the equality of all individuals before and under the law.”

In fact, the higher court said, cultural beliefs may even be an aggravating factor when it comes to sentencing.

‘Cultural gap’ not a reason for lighter sentence for Iranian immigrant guilt of raping wife, beating children: court