Justice Systems (Legal Information for Indigenous People): Difference between revisions
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Justice Systems (Legal Information for Indigenous People) (view source)
Revision as of 23:06, 17 January 2023
, 17 January 2023→Gladue Reports
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Indigenous people have specific rights, Gladue rights, when they become involved with the criminal court. It is important to know about these rights and make use of them if you are facing jail time, either at bail hearings or sentencing after a conviction. Ask your lawyer about these rights. You want to have lawyer who knows about these rights. Call the BC First Nations Justice Council for help with this at 1-877-602-4858. | Indigenous people have specific rights, Gladue rights, when they become involved with the criminal court. It is important to know about these rights and make use of them if you are facing jail time, either at bail hearings or sentencing after a conviction. Ask your lawyer about these rights. You want to have lawyer who knows about these rights. Call the BC First Nations Justice Council for help with this at 1-877-602-4858. | ||
Gladue rights come from the Supreme Court of Canada decision R. v. Gladue (1999). This case involved the sentencing of an Indigenous woman convicted of manslaughter. In that decision, the Court | |||
Gladue rights come from the Supreme Court of Canada decision ''R. v. Gladue'' (1999). This case involved the sentencing of an Indigenous woman convicted of manslaughter. In that decision, the Court said” In sentencing an aboriginal offender, the judge must consider: (A) The unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts; and (B) The types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular aboriginal heritage or connection.” | |||
If you identify as Indigenous and are charged with a crime, the judge must apply these Gladue principles when you’re in a criminal court. This means the judge must consider your personal and unique circumstances as an Indigenous person when they make a number of decisions about you, such as your bail or sentence. | If you identify as Indigenous and are charged with a crime, the judge must apply these Gladue principles when you’re in a criminal court. This means the judge must consider your personal and unique circumstances as an Indigenous person when they make a number of decisions about you, such as your bail or sentence. | ||
Gladue reports could include background factors that may have contributed to bringing an Indigenous offender before the courts, for example Residential school, 60’s scoop, intergenerational trauma, etc. | Gladue reports could include background factors that may have contributed to bringing an Indigenous offender before the courts, for example Residential school, 60’s scoop, intergenerational trauma, etc. | ||
If you do not want a Gladue Report, you are still covered by section 718.2(e) of the Criminal Code: | '''If you do not want a Gladue Report, you are still covered by section 718.2(e) of the Criminal Code:''' | ||
Courts are to consider Indigenous backgrounds and consider all available sanctions besides imprisonment. Sanctions must be reasonable and consistent with harm done to the victim or community. | Courts are to consider Indigenous backgrounds and consider all available sanctions besides imprisonment. Sanctions must be reasonable and consistent with harm done to the victim or community. | ||