Those who favour granting bail, if reasonable, tend to agree that Gladue should apply to all Indigenous offenders because incarceration, whether as part of a sentence or pre-trial, is still incarceration and contradicts Gladue. They are subjective in the sense that the information required by the decision-maker contains a bias that often works against the accused Indigenous person. This places significant stress on the correctional system, as well as on the individuals in remand. The mainstream system is, after all, still the dominant system. It is also the case that the problem of Indigenous overrepresentation is seen to exist, in large part, because the dominant justice system, including police, courts and corrections, has often been socially and culturally out of step with the needs of Indigenous people and the dynamics of Indigenous communities. Consistent with the Gladue ruling, Gladue writers may take weeks to document, through interviews with individuals who know the offender and other means, the life factors that have led the offender to their present state and to have committed a crime. Return to footnote 10 referrer. Governments and the courts have undertaken a number of initiatives to address the problems discussed in this paper. Is there something lacking in our approach to community-based justice? (Department of Justice Canada, 2018b). However, the proportion of Indigenous adults in provincial and territorial institutions has continued to increase substantially relative to non-Indigenous adults. The Supreme Court in Gladue recognized the importance of such programs and also recommended that, if specifically Indigenous programs are not available, the court should attempt to refer the offender to any program as long as it is restorative in nature. You must have at least 6 references, but preferably more, and all sources must be cited correctly according to APA guidelines. The implications of s. 718.2(e) are addressed below but the reasons why it was needed fall under the rubric of systemic discrimination facing Indigenous people, as discussed in section 4.3, above. The judge therefore concluded that Ms. Gladue was not subject to s. 718.2(e) whereby all reasonable and available sanctions other than imprisonment should be considered for all offenders, especially Indigenous offenders. However, Roach and Rudin (2000) predicted one year after the Gladue judgment that while it was positive in many respects, it was not likely to reduce the disproportionate rate of incarceration of Indigenous offenders, a prediction that appears to have been accurate. It would appear that, while s. 718.2(e) and Gladue were steps in the right direction, they are a work in progress (Knazan, 2009; Pfefferle, 2008; Roach, 2009; Rudin, 2009). Again, such problems can be explained by systemic discrimination in the criminal justice system. From 2006 to 2016, the number of Indigenous people living in a centre of this size increased by 59.7 percent (Statistics Canada 2017a). It demonstrated that judges in 2018 were more aware of Gladue principles and the significance of their application than they were in 2010 and, especially, in 2000. This is a shocking fact. The judge’s decision was based, in part, on the notion that because Ms. Gladue lived in an urban setting and not in a reserve community, she was estranged from her Indigenous heritage and way of life. Not every court applying Gladue principles has the benefit of a resident Gladue writer. For the year of 1998, the data is as of August 10, 1998. The alternative is a “bottom-up” definition “which recognizes that communities are self-defined by people as a reflection of their local interactions and participation” (B.C. The cases ranged in severity and included drug trafficking, driving while under the influence, firearms trafficking, robbery, armed robbery, assault, aggravated assault, sexual interference, sexual assault, manslaughter, second degree murder, and first degree murder. is increasing, according to the latest Statistics Canada report on adult and youth corrections. Among the amendments was s. 718.2(e), which instructs judges to look In its examination of Manitoba courts, the Aboriginal Justice Inquiry of Manitoba identified the denial of bail and pre-trial detention as concurrent problems commonly facing Indigenous accused (1991: 221-4; 360-1).Footnote 24 The Commissioners noted that, according to analyses of provincial court data, Indigenous men and especially women were significantly more likely to spend time in pre-trial detention than non-Indigenous accused.
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