The two parts of R. v. Gladue – Advocate Daily

by ahnationtalk on April 16, 2018311 Views

We all know that Aboriginal offenders are grossly over-represented in the Canadian criminal justice system. R. v. Gladue was released by the Supreme Court of Canada almost 20 years ago. Every defence lawyer has, at one time or another, made Gladue submissions on a sentencing hearing. We have specialized courts. We have knowledgeable crowns and judges who are well versed in this area. We have made strides.

Gladue reports

In order to pay particular attention to the circumstances of Aboriginal offenders during a sentencing proceeding, we rely on Gladue reports, interviews with the offender and his or her family. We look for connections between systemic and institutionalized racism and the offending behaviour. We try to answer the question of how this particular individual got to where they are.

This is necessary and essential information. However, all too often, this is where we stop. This is not just a failure of defence lawyers, but of judges and native court workers as well.

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