Author
My name is Deepika Gill and I am currently a grade 12 student at Princess Margaret Secondary School. Throughout my time in the English First Peoples 12 course, I have learned a lot about Indigenous perspectives and the issues that they face even to this day. I am passionate about the justice system and plan on attending Law School after graduating. As an aspiring lawyer, I aim to educate myself and others to make a change in the legal system by doing my part in reconciliation. Especially right now, reconciliation in law is a huge topic, and there are many discussions to be had and changes to be made.
Background (The Issue)
While Indigenous people only account for 5% of the national population, they are overrepresented in federal institutions, making up 32% of all incarcerated individuals. Additionally, Indigenous women are 50% of the female population that are incarcerated, despite being a very small percentage of the national population. The impacts of colonialism in many ways has lead to high incarceration rates. Residential schools, intergenerational trauma & abuse, the Child Welfare System, the Sixties Scoop, and socio-economic/historical disadvantages are all contributors to the overrepresentation. Indigenous communities have higher rates of poverty, addiction, and homelessness and lower rates of education and employment which are factors that lead to higher chance of offending. To stop the incarceration rate from increasing, the federal government must respond to the Calls to Action and address the root causes of overrepresentation.
Gladue
In 1995, Jamie Tanis Gladue, a 19 year old Cree women, stabbed and killed her husband while intoxicated. The Gladue principles came into effect in 1999 after R. v. Gladue, during which the Supreme Court of Canada took Criminal Code 718.2 (e) into account for the first time which guides courts to consider reasonable sanctions in place of incarceration, especially for Indigenous offenders. Gladue directs courts to consider the unique circumstances of Indigenous offenders and use a restorative justice approach instead of incarceration when possible. In 2012, the R. v. Ipeelee case built upon the rulings that came from Gladue, stating that judges must take into account the circumstances of the Indigenous offender when deciding a sentence. Gladue factors are the impacts of colonialism that have affected an Indigenous offender, their family, and their community, which can include residential schools, foster care, racism, loss of language, addiction, abuse, and separation from culture or family. Due to Gladue principals, judges are required to make culturally appropriate decisions that involves their Indigenous communities perspectives, Indigenous laws and traditions, and sensitivity to their culture. A Gladue report is a pre-sentencing report that contains the Gladue factors that the Indigenous offender has been affected by and recommendations on appropriate sentences that involves Indigenous communities and their perspectives on the crime. These recommendations may include community service, drug or alcohol rehabilitation, anger management, or counselling.
Indigenous Courts
Indigenous courts use restorative justice and traditional pathways to healing in place of western criminal sentencing courts for Indigenous offenders who have pleaded guilty or have been found guilty. In Indigenous courts, the offender will work with a team that includes Indigenous Elders, their lawyer, Crown counsel, and the judge, to create a healing plan. This team may also include family, Indigenous community members, social workers, and other supports. Healing plans take into account the underlying cause of offending and special circumstances, in order to help the offender, their community, and the victim to heal from the crime. They combine traditonal knowledge and restorative justice in ways such as sweat lodge ceremonies, community service, addiction rehabilitation, and counselling. Currently in British Columbia, there are nine Indigenous courts in Noth Vancouver, New Westminister, Kamloops, Duncan, Merritt, Prince George, Williams Lake, Hazelton, and Lillooet.