Supreme Court justices at a ceremony marking the opening of the judicial year at the Supreme Court of Canada in Ottawa, Oct. 5, 2026. PHOTO BY DAVID KAWAI/POSTMEDIA

On October 9, the Supreme Court of Canada ruled that judges must consider “sentencing circle” recommendations for Indigenous offenders, effectively prioritizing aboriginal perspectives in sentencing. This decision creates a parallel legal system, requiring courts to “braid” Indigenous law with Canadian law, a concept that undermines the principle of equality before the law. The ruling came in an appeal by Harry Arthur Cope, a part-Mi’kmaq man who originally received a reduced incarceration after a “sentencing circle” recommended no further jail time.