Local Journalism Initiative
More than two decades after a groundbreaking decision from the Supreme Court, B.C. legal experts say there are still many gaps in how what is known as the Gladue ruling, which applies to Indigenous people in the justice system today. Gladue reports are meant to be utilized to lead to fairer sentencing for Indigenous offenders but people working in the system say the reports arent used as consistently or comprehensively as they should be. Meanwhile, Indigenous people are still overrepresented in Canadas prisons, with the numbers on a trajectory to keep growing. Rachelle Dallaire, the executive director of the Victoria-based Indigenous Perspectives Society, says one of the problems is that there are currently no national standards for applying Gladue, which means that the reports arent always used when they should be. Its a complex dilemma, she says, because you have all of these provinces, you have all of these diverse needs. This lack of consistency was highlighted in last years Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls, where many women who had been incarcerated revealed that they did not receive a Gladue report, even when requested. Gladue reports are a voluntary written option for Indigenous defendants, meant to give the court a better understanding of that persons life and the impacts of colonization. The reports often detail stories of defendants having experienced abuse, addiction, extreme poverty or other impacts stemming from residential schools and other colonial systems. The idea is to give a clearer picture of what led to the crime so the sentencing judge can look at restorative justice alternatives to imprisonment. Dallaire says more consistency Canada-wide would normalize the use of Gladue reports in courtrooms, particularly in the case of applying Gladue to mandatory minimum sentences where judges do not have as much judicial discretion on whether or not to apply Gladue as they would in other detention decisions such as bail hearings. Laura Hoversland from Teslin Tlingit Council now based in Victoria has done a lot of work around Gladue as a former justice manager for the Council of Yukon First Nations. Having led the implementation of the Gladue program with the Yukon Council of First Nations, Hoversland says she has noticed many gaps in how Gladue is delivered including proper follow-up and debriefing with both offenders and report writers. People can say, no I dont want aftercare, but I think everybody should have that standard approach, those options to choose amongst themselves, she says. Aftercare is essentially following up with the offender to see if they have completed their conditions as set out by the court. Hoversland realizes that it might take a whole other pot of money required for aftercare of offenders and for Gladue writers themselves to assist with debriefing the heavy content that writers carry in their workloads. In the meantime, the cracks that exist until theyre fixed continue to impact Indigenous people in the justice system. In January, the Correctional Investigator of Canada announced that the representation of Indigenous people in federal custody had reached historic highs surpassing 30 per cent. Though Indigenous people account for just five per cent of the Canadian population, Dr. Ivan Zingers report showed a growing trend for numbers already six to seven times higher than the national average something he called a national travesty. On this trajectory, the pace is now set for Indigenous people to comprise 33% of the total federal inmate population in the next three years, he said in a release at the time. Hoversland says the ideal implementation of Gladue is to have it managed by First Nations, with First Nations people themselves writing the reports so that they arent coming from a colonized approach. Currently, probation officers, court workers, First Nation organizations and lawyers can all write Gladue reports with the proper training. The reports stem from the 1999 Supreme Court of Canada case of Jamie Gladue, a Cree woman who appealed a manslaughter sentence because the judge did not apply section 718.2(e) of the Criminal Code about considering a Indigenous defendants background to her case. Gladue lived off reserve in Nanaimo, but once the case reached Canadas highest court, it was agreed that lower courts should consider the impacts of colonization for any Indigenous offender regardless of whether they live on or off reserve. The creation of Gladue reporting is only one piece of the systemic puzzle. However when properly applied, the reports help the court make a decision on fair sentencing, which can result in an alternative to incarceration. There are currently six First Nations (Gladue) Courts in total in British Columbia, located in Cowichan Valley, Ckncwentn (Kamloops), Merritt, New Westminster, Chet wa nexwnw ta S7ew7tel (North Vancouver) and Prince George. Bridging the systemic gaps that exist in applying Gladue is an ongoing process for organizations like Indigenous Perspectives Society. The organization has offered Royal Roads University-endorsed 10-week educational programs in writing Gladue reports since 2018. In the third week of November, Dallaire says, the society introduced a new program tailored specifically for probation officers, condensed into three weeks instead of 10. That particular audience already has a clear understanding of the court system, Dallaire says. The training is not only for B.C. residents which means that even if Gladue reporting is not being utilized in other jurisdictions, anyone can take the course and apply it in their respective community. Its about justice, the over representation [of Indigenous people in the system], looking at the intersection of colonization, current impacts in the justice system, she says.Catherine Lafferty, Local Journalism Initiative Reporter, The Discourse
More:
Gwen Stefani and Blake Shelton holding off on wedding due to COVID-19 - Yahoo News Canada
- The Best TVs From Top Brands, Including Samsung, LG, Sony And More - Forbes - August 9th, 2022
- Review: SONDHEIM ON SONDHEIM at Cain Park--Alma Theatre - Broadway World - August 9th, 2022
- 7 Alternate Ways To Starting A Family That Need To Be Normalised - Hauterrfly - August 9th, 2022
- 10 great action movies to watch that follow the John Wick mold - Polygon - August 9th, 2022
- An interview with Joel Angel Bravo Anduaga: Are international organizations still relevant? - Modern Diplomacy - August 9th, 2022
- How Raised By Wolves used revolutionary 3D printing in its special effects - Winter is Coming - August 9th, 2022
- To win the U.S. Senate election, Kansas Democrats say they need to 'get more personal' - KCUR - August 9th, 2022
- The pillars of health: influence of multiple lifestyle behaviors on body mass index and depressive symptoms in adult twins - BMC Public Health - BMC... - August 9th, 2022
- Canine hypoadrenocorticism: Part II - PMC - July 7th, 2022
- Surrogacy Market Share Will Continue To Expand Steadily Through 2030 Designer Women - Designer Women - July 7th, 2022
- The new rules to keep advertisements in check - The Hindu - July 7th, 2022
- Patient-reported outcome measures should not be the primary outcome in glaucoma clinical trials of disease modification - British Journal of... - July 7th, 2022
- 2023 Employer Health and Benefit Strategies Focused on Affordability and Access, Mercer Survey - Yahoo Finance - July 7th, 2022
- The Irony of Misinformation: USIA Myths Block Enduring Solutions - 19FortyFive - July 7th, 2022
- Associations between long-term drought and diarrhea among children under five in low- and middle-income countries - Nature.com - July 7th, 2022
- Paradox of Buhari and the Nigerian conundrum - By: . - Daily Trust - June 15th, 2022
- Putting the brakes on accelerated approval won't improve healthcare PharmaLive - PharmaLive - June 15th, 2022
- Certain offshore online gambling companies involved in tax evasion: All India Gaming Federation - Business Today - June 15th, 2022
- With focus on kids, govt curbs misleading ads; prohibits surrogate advertisements - The Indian Express - June 15th, 2022
- Pakistan: An Army-Imposed Deal with the Pakistani Taliban Could Spell Disaster - The Wire - June 15th, 2022
- Ruth Institute's 5th Annual Summit will address effects of the Sexual Revolution - Catholic World Report - June 15th, 2022
- Trump knew he lost election but he pushed nuts fraud claims anyway - The Independent - June 15th, 2022
- 20 Years Ago: The Bourne Identity Stood Against the Grain - Tilt Magazine - June 15th, 2022
- From the Archives: Regos Girls - ARTnews - June 15th, 2022
- Best Surrogacy Agency in UK for Surrogacy Support in UK and US - May 18th, 2022
- Lacunae in the Surrogacy (Regulation) Act, 2021 TheLeaflet - The Leaflet - May 18th, 2022
- Nuclearization Of South Asia And Emerging Threats OpEd - Eurasia Review - May 18th, 2022
- Jubilation, heartbreak in the Philippines after Marcos Jrs landslide win - TRT World - May 18th, 2022
- Silence the Voices of Hatred: N.Y. Governor Hochul Uses the Buffalo Massacre to Renew Calls for Censorship of Social Media - Jonathan Turley - May 18th, 2022
- Pregnancy Takes 9 Months But This Man Waited 3 Years To Become A Single Father Through Surrogacy - Bored Panda - April 9th, 2022
- Grammys 2022: FashionLive From the Red Carpet - Verve Times - April 9th, 2022
- Alternative Ways to Seek Regional and Global Influence: How Shadowy Organizations Serve the Interests of Turkey, Iran, and Russia - smallwarsjournal - April 9th, 2022
- Best Breaking Benjamin Songs: 15 Tunes That Define the Band - uDiscover Music - April 9th, 2022
- As Priyanka Chopra Jonas welcomes her baby through surrogacy, here is what it means and why families opt for it | The Times of India - Times of India - January 25th, 2022
- Is there anything normal about relations with Turkey? - Armenian Weekly - January 25th, 2022
- A look at the voters who could decide the Virginia governor's race - Business Insider - November 4th, 2021
- Meet the cast of PARENTAL GUIDANCE 2021 - TV Blackbox - November 4th, 2021
- Parental Guidance: Everything you need to know about the families - Mediaweek - November 4th, 2021
- Surrogacy And The Creation Of The Modern Family - Family and Matrimonial - UK - Mondaq News Alerts - July 29th, 2021
- The surrogacy pathway: surrogacy and the legal process for intended parents and surrogates in England and Wales - GOV.UK - July 29th, 2021
- Care in surrogacy: guidance for the care of surrogates and intended parents in surrogate births in England and Wales - GOV.UK - July 29th, 2021
- Revitalizing MSME financing: COVID and beyond - Economic Times - July 29th, 2021
- Here are some of the bills that passed the 2021 Legislature - Las Vegas Review-Journal - June 3rd, 2021
- Why banks need to adopt white label lending platforms - Elets - June 3rd, 2021
- 6 Things New York Attorneys Need To Know About The New Surrogacy Law - Above the Law - February 16th, 2021
- Is Scarlet Witch Really In Control? Every Theory | Screen Rant - Screen Rant - February 11th, 2021
- The third wave that pushed Irish hospitals to the brink - RTE.ie - February 11th, 2021
- Candidates, Experts Discuss Potential Positives and Pitfalls of Ranked-Choice Voting Amid New York City Implementation - Gotham Gazette - February 4th, 2021
- One Year Of Fight Against Coronavirus, Has India Passed Its Peak? What To Expect Now, Dr Randeep Guleria Explains | Coronavirus Outbreak - Swachh... - February 4th, 2021
- Surrogacy reform is spreading in the rich world - The Economist - January 31st, 2021
- As teams prepare for Super Bowl Sunday, CDC says NFL's COVID-19 mitigation strategies are effective - Yahoo! Voices - January 31st, 2021
- The unregulated, All-Star-driven world of open enrollment loopholes in Texas high school football - The Dallas Morning News - January 15th, 2021
- The Twitter presidency is over. Or is it? - Vox.com - January 15th, 2021
- Peaceful transition of power is the American dream right now - Modern Diplomacy - December 28th, 2020
- News industry must seize opportunity restore trust | TheHill - The Hill - December 18th, 2020
- The GOP Hopes This Issue Will Tarnish Warnock's Pastor Image - The Daily Beast - December 18th, 2020
- The real US failure when it comes to globalization is not having a 21st century, social safety net - The Times of India Blog - December 18th, 2020
- Prevent your guacamole from browning with this airtight container - Yahoo! Voices - December 18th, 2020
- How Trump Won One of America's Most Diverse Counties By a Lot - POLITICO - December 14th, 2020
- Trump May Be Leaving, But 'Fake News' is a Part of All Our Lives Now | Opinion - Newsweek - November 30th, 2020
- Concerns over Thanksgiving gatherings continue as U.S. marks deadliest day in pandemic in months - Yahoo News - November 30th, 2020
- Will Biden administration be a repeat of Obama years? - Yahoo News - November 30th, 2020
- Fontana Residents 'Fed Up' With Possible Thanksgiving Day Planned Power Outages - Yahoo News - November 30th, 2020
- The Next Administration Should Bring the Shadow Wars into the Light - Defense One - November 26th, 2020
- Dan and Ray's traditional Thanksgiving meal will be curbside - Yahoo News - November 26th, 2020
- Thanksgiving 2020 At Home: Reasons We're Thankful - Yahoo News - November 26th, 2020
- Invisible campaign and the specter of socialism: Why Cuban Americans fell hard for Trump - Tampa Bay Times - November 26th, 2020
- Eagles fans, experts split on what to do with Carson Wentz - Yahoo News - November 26th, 2020
- The Damage Of Trumps International Anti-Abortion Policy Wont Be Easy To Undo - HuffPost - November 26th, 2020
- Painting the town: Murals meet the moment | Oregon ArtsWatch - Oregon ArtsWatch - November 11th, 2020
- Jill Biden: a chance to transform the role of first lady - FRANCE 24 - November 11th, 2020
- The Dem Hid From a Scandal. The Republican Attended Super-Spreader Events. Guess Who Racked up the Votes? - Mother Jones - November 11th, 2020
- Trump probably 'cant steal the election' but here's why you should be 'alarmed' anyway: conservative - AlterNet - November 11th, 2020
- The Trump Era Is Over. Our Leaders Want To Take Us Back To 2015 - Jacobin magazine - November 11th, 2020
- Opinion: The future of Fintech marketing - ETBrandEquity.com - November 11th, 2020
- Biden sleepwalks to the White House - Spectator.co.uk - November 11th, 2020
- Letters to the Editor 11/5/20 | Letters to the Editor | Bend - The Source Weekly - November 5th, 2020
- Florida Democrats Assess What Went Wrong For Biden With Latinos in the State - Newsweek - November 5th, 2020
- Whats at stake in Arizonas 2020 election - Cronkite News - November 5th, 2020
- HOW DUVAL SHAPED PAST ELECTIONS: Why Jacksonville is critical to winning the presidency - FirstCoastNews.com WTLV-WJXX - November 5th, 2020