The Gladue Decision and Aboriginal Justice in Canada

Introduction

• Gladue Decision (1999):
  • Supreme Court of Canada decision.
  • Named after Jamie Tanis Gladue.
  • Aimed to recognize and address the special circumstances of Aboriginal people in the justice system.
  • Emphasizes sensitivity and recognition of Aboriginal people as a unique culture in Canada.

Significance of the Gladue Decision

• Objective: To clarify how judges consider the circumstances of Aboriginal offenders.
• Focus: Not a sentencing discount; requires judges to have more information before sentencing.
• Applies to all Aboriginal people, whether they live on or off-reserve.

Applications in Justice

• Restorative Justice Programs:
  • Implemented by Native Counseling Services of Alberta (NCSA).
  • Involvement of elders and cultural resource people.
• Gladue Courts: Operate under Aboriginal Legal Services.

Key Judicial Insights

• Judicial Obligations:
  • Pay attention to the background factors of Aboriginal offenders.
  • Consider systemic issues like residential schools and cultural dislocation.

Systemic Issues in Justice

• Over-representation of Aboriginal People:
  • Linked to systemic racism.
  • Issues include access to bail, legal representation, and assumptions based on Aboriginal identity.

Conditional Sentences

• Sentencing Options:
  • Conditional sentences as alternatives to jail.
  • Emphasis on rehabilitation over punishment.

Criticisms and Challenges

• Two Levels of Justice Argument:
  • Concerns about creating different justice standards for Aboriginal people.
• Integration of Gladue Principles:
  • Mixed application across Canada.
  • Need for more training and understanding of Gladue principles.

Community and Cultural Considerations

• Elder and Community Involvement:
  • Importance of traditional perspectives on justice and behavior.
  • Community-led initiatives and bylaws to address crime and behavior.

Potential of Gladue Principles

• Successful Applications:
  • Examples of restorative justice with high success rates.
  • Positive changes in sentencing outcomes and community impact.

Conclusion

• Future Implications:
  • Gladue principles hold potential for broader influence in legal hearings involving Aboriginal people.
  • Effectiveness depends on the commitment and implementation by the justice system and Aboriginal communities.