Module 3: Gladue Sentencing Principles
In this module you will learn and understand:
- How the Gladue Principles work together to achieve restorative justice.
- The historical traumatic experiences of Indigenous peoples and how this causes present-day trauma.
- How these historical and contemporary traumatic experiences are blocking Indigenous peoples access to the Justice system.
- How to determine, and then on behalf of Indigenous offenders express the relevance of these experiences in sentencing submissions to the courts.
As we discussed in the last module, you do not have to present evidence to any court to prove historical disadvantage by Indigenous people, the courts take judicial notice of historical disadvantage.
The historical and present-day trauma experiences of Indigenous peoples really is the key to why Indigenous people are regarded different via s. 718(2)(e), and it begins with understanding the way in which "colonialism" has created trauma to Indigenous peoples.
Remember, when considering Gladue Principles, a key task is how you determine and report the individual trauma the Indigenous offender before the court has experienced, and how it impacts on considerations and determination of a sentence that fits that individual?
Remember, when considering Gladue Principles, a key task is how you determine and report the individual trauma the Indigenous offender before the court has experienced, and how it impacts on considerations and determination of a sentence that fits that individual?