It has been almost 20 years since the Supreme Court of Canada’s landmark Gladue decision but in many ways not much seems to have changed.
In the decision, Canada’s highest court calls on judges to consider the unique history and systemic challenges of Indigenous offenders.
And, as part of this consideration, alternative measures to incarceration should be explored during sentencing.
Nevertheless, Indigenous people continue to be highly overrepresented in Canadian jails.
Regina lawyer Michelle Brass says there is definitely knowledge out there about the Gladue decision but for whatever reason its principles are not always being applied during Indigenous offender sentencing.
“It does seem that sometimes the factors come up and the courts will not put weight into the factors or not be considered as relevant,” she says. “I am not sure why that’s the case.”
Brass is heading up the Gladue Awareness Project seminar series which is in Prince Albert Tuesday and Wednesday.
The project has been commissioned by the Native Law Centre at the University of Saskatchewan.
She says another problem is if those enforcing the laws have little knowledge of Indigenous history, it is not surprising Gladue principles are often not being applied in practice.
“I think, as well, historically speaking non-Aboriginal people were not taught about our histories. About Indigenous histories and particularly about residential schools and the experience in the residential school system. That’s only been recent, the last 10 years or so, that more people are becoming aware.”
Brass says she is currently in the process of designing two groups of written materials.
One group caters specifically to explaining Gladue principles to Indigenous offenders and the other to those who work in corrections.
Both are meant to be easily accessible.
The Gladue Awareness Project seminar was in La Ronge in late June and heads next to Kahkewistahaw and Keeseekoose First Nations on July 17 and July 18.
(PHOTO: Native Law Centre logo, courtesy Native Law Centre Facebook page)