Module 2: Aboriginal Sentencing Considerations
Now that you have successfully completed module one, you have an understanding of the general criminal sentencing principles in Canada. In this module we consider how those principles have been interpreted / and emphasized by the Supreme Court in regard to Indigenous offenders.
Remember, decisions issued by the Supreme Court are not merely guidance for all other courts in Canada, they are ‘binding guidance.’
In other words, all Courts in every province and territory in Canada must follow the direction as set out by the Supreme Court.
Indigenous people continue to be overrepresented when looking at incarceration rates:
Remember, decisions issued by the Supreme Court are not merely guidance for all other courts in Canada, they are ‘binding guidance.’
In other words, all Courts in every province and territory in Canada must follow the direction as set out by the Supreme Court.
Indigenous people continue to be overrepresented when looking at incarceration rates:
In 2020/2021, Indigenous people in Canada were incarcerated at a much higher rate than non-Indigenous people. On an average day that year there were 42.6 Indigenous people in provincial custody per 10,000 population compared to 4.0 non-Indigenous people.
Clearly not a positive indicator of restorative justice in action.
In this module we will discuss Canadian Aboriginal sentencing principals set out in two appeal cases decided by the Supreme Court of Canada R v. Gladue (1999) and R v. Ipeelee (2012)
Remember, one of the tasks of Indigenous Courtworkers, is to assist the court in sentencing matters. Principally, it is not to tell the Court what the sentence should be, rather to give the Court some realistic, available options that fit the offender before the Court, and which will achieve restorative justice.
In addition, we will look at a lower court decision (R. v Armitage), which sought to apply the direction given by the Supreme Court of Canada and also the place of historical trauma in the context of the Gladue principles.
In the final module, we will focus on how these sentencing directions now known collectively as the "Gladue Principles" work together to achieve restorative justice.
In addition, we will look at a lower court decision (R. v Armitage), which sought to apply the direction given by the Supreme Court of Canada and also the place of historical trauma in the context of the Gladue principles.
In the final module, we will focus on how these sentencing directions now known collectively as the "Gladue Principles" work together to achieve restorative justice.