Gladue report

[2][3] Jamie Tanis Gladue was a young Cree woman charged with second-degree murder after stabbing her common-law husband during an altercation.The trial judge noted that both Gladue and the victim were not living in an Aboriginal community at the time of the incident and therefore had no special circumstances arising from their Métis status.[5] While Gladue was a Métis woman, she was living in an urban area at the time which affected the decision of the trial judge in applying section 718.2(e).[7] In 1996, the Canadian Parliament introduced an amendment to the Criminal Code of Canada, section 718.2(e), in Bill C-41, to help reduce the rate of Indigenous people entering the justice system.While this can vary depending on the province, territory, or court system, the Canadian Bar Association (CBA) outlines a general overview of questions.[14] The amendment specifically aimed to address Indigenous over-representation and stated that in order to determine an appropriate sentence, the judge must consider the background of the accused as these can often be mitigating factors.Section 718.2(e) and Gladue principles aim to combat the increasing number of Indigenous people entering the justice system in Canada.[18] Welsh and Ogloff's 2008 study recognized the lack of decreasing Indigenous incarceration rates when examining 691 randomly sampled sentencing decisions before and after s 718.2(e) was introduced.[14] They noted that the Supreme Court of Canada's decision regarding s.718.2(e) as a band-aid solution was an "underestimate of the true complexity of the over-representation problem".[14] Welsh and Ogloff's research backed up many criticisms that Gladue needed to be fixed according to the original promises made by the Supreme Court.
pre-sentencing and bail hearing reportIndigenous backgroundR. v. GladueSupreme Court of CanadaR v GladueR v IpeeleeIndigenous over-representationAllan RockMinister of JusticeIpperwash InquiryCanadian AboriginalIndigenous lawcustomary lawAboriginal land title in CanadaRoyal Proclamation of 1763Section 25 of the Canadian Charter of Rights and FreedomsSection 35 of the Constitution Act, 1982Treaty rightsUnited Nations Declaration on the Rights of Indigenous Peoples ActConfederationCovenant ChainGreat Peace of MontrealNanfan TreatyPeace and Friendship TreatiesDouglas TreatiesGradual Civilization ActToronto PurchasePenetanguishene Bay PurchaseLake Simcoe–Lake Huron PurchaseTreaty 45Saugeen Tract AgreementRobinson TreatiesGradual Enfranchisement ActNumbered TreatiesIndian ActWhite PaperJames Bay and Northern Quebec AgreementNunavut Land Claims AgreementNisga'a Final AgreementPaix des BravesDuty to consult and accommodateJordan's PrincipleLand claimsspecific claimsOngoing treaty negotiations in British ColumbiaAttorney General of Canada v LavellR v BadgerCalder v British ColumbiaChippewas of Sarnia Band v CanadaCorbiere v CanadaDaniels v CanadaDelgamuukw v British ColumbiaNative Women's Assn of Canada v CanadaKruger v RR v Marshall; R v BernardR v MarshallMitchell v MNRPaul v British ColumbiaPaulette CaveatPowley rulingR v DrybonesR v GladstoneR v GonzalesR v GuerinR v JimR v PamajewonR v SparrowRe EskimosSt Catharines Milling and Lumber Co v RR v Van der PeetTsilhqot'in Nation v British ColumbiaRestoule v CanadaIndigenous customary lawSelf-governmentGrand CouncilMiꞌkmaqGreat Law of PeaceHaudenosauneePittailiniitWahkohtowinPlains CreeIndex of articles related to Indigenous Canadians