In 1999, the case of R. v. Glaude redefined the interpretation of section 718.2(e) of the Criminal Code. It asked for the judges to examine every other possible alternative to incarceration for Aboriginal offenders and to pay special attention to their unique backgrounds . This section was elaborated on because of the high number of Aboriginals in the prison system and in this analytical piece, I will argue how the Aboriginal people and their supporters have been able to use the law to fight against the impact of colonialism, specifically focusing on s. 718.2(e). In regards to R. v. Gladue, I will provide a brief summary of the case that will give insight into the section and how the case has allowed for Aboriginals to decolonize their community.
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v. Gladue involved an Aboriginal woman who stabbed her common-law husband to death and pleaded guilty to manslaughter . The sentencing judge gave her three years of imprisonment and when the case was appealed, the Court of Appeal dismissed the appeal. Even though Gladue did not get out of an imprisonment sentence nor did she receive a lessened sentence, the case allowed for the courts to heavily examine what s. 718.2(e) meant. The Supreme Court wrote that s. 718.2(e) was enacted to address the overrepresentation of Aboriginal people in jail and for judges to look for all other possible sanctions instead of imprisonment . That meant that the sentencing judges had to follow these guidelines and consider the context of the Aboriginal’s specific background and way of life when deciding what sanctions to choose from . This section does not mean that these groups of people are going to be given a free get of jail card, serve a lesser punishment than imprisonment or that they’re even entitled to automatically having a shorter prison sentence . It means that they are entitled to be considered for other sanctions for being an Aboriginal and having a unique history of being heavily colonized. If imprisonment seems fitting and the length of the sentence is reasonable, then there is nothing stopping the judge from imposing that sentence, which was in the case of Gladue. However, before the judge could even settle on incineration, he has to first …show more content…
718.2(e), the Gladue Court was established in Toronto in 2001 to assist the courts in considering the unique backgrounds and circumstances of Aboriginals . It became a major step towards the development of better assisting the legal issues for Aboriginals who faced a substantial and historically disadvantaged position in Canada. Following s. 718.2(e), the Gladue Court’s Gladue Caseworker writes a report that sets out the Aboriginal offender’s background, explains its significance, and then suggests alternative sentences . Because the Caseworker is also an Aboriginal themselves, they are able to accurately answer any questions that the court may ask and also highlight any significant contextual information about the offender’s history or experience . Their reports are highly informative and a great deal of research goes into them before being addressed by the court. For example, if the offender suffers from alcohol abuse, the Caseworker may research into local alcohol rehab clinics and talk with the offender to think about joining the program . If the offender agrees, then the Caseworker will ensure that all the paperwork is filled out for them to join the clinic and include it in the report to show that this possible alternative is very likely to happen and that it is accessible for the individual. This level of commitment and dedication makes their sentencing suggestions highly influential and made the Gladue Court a success . In
v. Gladue involved an Aboriginal woman who stabbed her common-law husband to death and pleaded guilty to manslaughter . The sentencing judge gave her three years of imprisonment and when the case was appealed, the Court of Appeal dismissed the appeal. Even though Gladue did not get out of an imprisonment sentence nor did she receive a lessened sentence, the case allowed for the courts to heavily examine what s. 718.2(e) meant. The Supreme Court wrote that s. 718.2(e) was enacted to address the overrepresentation of Aboriginal people in jail and for judges to look for all other possible sanctions instead of imprisonment . That meant that the sentencing judges had to follow these guidelines and consider the context of the Aboriginal’s specific background and way of life when deciding what sanctions to choose from . This section does not mean that these groups of people are going to be given a free get of jail card, serve a lesser punishment than imprisonment or that they’re even entitled to automatically having a shorter prison sentence . It means that they are entitled to be considered for other sanctions for being an Aboriginal and having a unique history of being heavily colonized. If imprisonment seems fitting and the length of the sentence is reasonable, then there is nothing stopping the judge from imposing that sentence, which was in the case of Gladue. However, before the judge could even settle on incineration, he has to first …show more content…
718.2(e), the Gladue Court was established in Toronto in 2001 to assist the courts in considering the unique backgrounds and circumstances of Aboriginals . It became a major step towards the development of better assisting the legal issues for Aboriginals who faced a substantial and historically disadvantaged position in Canada. Following s. 718.2(e), the Gladue Court’s Gladue Caseworker writes a report that sets out the Aboriginal offender’s background, explains its significance, and then suggests alternative sentences . Because the Caseworker is also an Aboriginal themselves, they are able to accurately answer any questions that the court may ask and also highlight any significant contextual information about the offender’s history or experience . Their reports are highly informative and a great deal of research goes into them before being addressed by the court. For example, if the offender suffers from alcohol abuse, the Caseworker may research into local alcohol rehab clinics and talk with the offender to think about joining the program . If the offender agrees, then the Caseworker will ensure that all the paperwork is filled out for them to join the clinic and include it in the report to show that this possible alternative is very likely to happen and that it is accessible for the individual. This level of commitment and dedication makes their sentencing suggestions highly influential and made the Gladue Court a success . In