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CITATION: R. v. Warner, 2011 ONCA 367

DATE: 20110506

DOCKET: C53232

COURT OF APPEAL FOR ONTARIO

Doherty, Goudge and Armstrong JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Manuel Warner

Appellant

Michael Davies, for the appellant

Dena Bonnet, for the respondent

Heard:  May 6, 2011

On appeal from the sentence imposed by Justice G. Renaud of the Ontario Court of Justice on September 1, 2010.

APPEAL BOOK ENDORSEMENT

[1]              The trial judge should have expressly addressed the application of the Gladue principles:  see R. v. Kakekagamick.  The custodial portion of the sentence has been served and we would not interfere at this point in time.  The appellant seem to be doing well.  A parole plan has been proposed that includes a treatment program.  We strongly urge the parole authorities to implement that program as soon as possible.

[2]              The appeal is dismissed.

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