R v Gladue: Difference between revisions
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The Supreme Court upheld the sentence of three years, but reviewed the factors which should be considered in the new sentencing provision, s. 718.2(e). Justices [[Peter Cory|Cory]] and [[Frank Iacobucci|Iacobucci]] held that the courts below erred in taking an overly narrow approach of s. 718.2(e). The purpose of this provision is to address the historical and current problem with the severe over-representation of Indigenous people within the criminal justice system. |
The Supreme Court upheld the sentence of three years, but reviewed the factors which should be considered in the new sentencing provision, s. 718.2(e). Justices [[Peter Cory|Cory]] and [[Frank Iacobucci|Iacobucci]] held that the courts below erred in taking an overly narrow approach of s. 718.2(e). The purpose of this provision is to address the historical and current problem with the severe over-representation of Indigenous people within the criminal justice system. |
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Gladue was not on reserve land at the time of the offence and therefore the sentencing judge held that s. 718.2(e) did not apply. The Supreme Court held that was a mistake by the sentencing court. The Court held that |
Gladue was not on reserve land at the time of the offence and therefore the sentencing judge held that s. 718.2(e) did not apply. The Supreme Court held that was a mistake by the sentencing court. The Court held that s. 718.2(e) applies to "all aboriginal persons wherever they reside, whether on- or off-reserve, in a large city or a rural area".<ref name=":0" /> |
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== Gladue reports == |
== Gladue reports == |
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Revision as of 21:31, 27 October 2021
| R v Gladue | |
|---|---|
 | |
| Hearing: April 23, 1999 Judgment: December 19, 1999 | |
| Full case name | Jamie Tanis Gladue v Her Majesty the Queen |
| Citations | [1999] 1 SCR 688 |
| Ruling | Appeal dismissed |
| Court membership | |
| Chief Justice: Antonio Lamer Puisne Justices: Claire L'Heureux-Dubé, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie | |
| Reasons given | |
| Unanimous reasons by | Cory and Iacobucci JJ |
| McLachlin and Major JJ took no part in the consideration or decision of the case. | |
| Laws applied | |
| Criminal Code, s. 718.2(e) | |
R v Gladue, [1999] 1 SCR 688[1] is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the Criminal Code. s. 718.2(e) directs the courts to take into account the history of the offender, "with particular attention to the circumstances of Aboriginal offenders", and also directs the courts to seek, "all available sanctions, other than imprisonment".[1]
1995 Amendments to the Criminal Code
In 1995, the federal government introduced major changes to the sentencing provisions of the Criminal Code. As part of that review, the package included amendments that responded to the over-representation of Indigenous peoples in the correctional systems of Canada. At that time, Indigenous peoples amounted to approximately 18% of the total of incarcerated individuals, but were only 3% of the total population of Canada, an over-representation of more than 5 times their total population.[2]
The amendments included a new provision setting out general sentencing principles. The relevant provision was the new s. 718.2(1)(e):
Other sentencing principles
718.2 A court that imposes a sentence shall also take into consideration the following principles:
- ...
- (e) all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.[3]
Facts of the case
On September 16, 1995, Jamie Tanis Gladue, a young Indigenous woman, was celebrating her birthday with some friends in Nanaimo, British Columbia. She suspected that her boyfriend was having an affair with her older sister. Following a confrontation, her boyfriend repeatedly insulted Gladue, at which point she stabbed him in the chest. He died.
Lower court decisions
Gladue was originally charged with second degree murder, but pled guilty to manslaughter, with the consent of the Crown prosecutor, on the basis that there was evidence of provocation. The main issue was the appropriate sentence to be imposed. She was sentenced to three years imprisonment.[4]
At Gladue's sentencing hearing the judge took into account many aggravating factors. The court also took into account the absence of any serious criminal history. The court did not take into consideration Gladue's traumatic past, such as the fact that Gladue's mother was killed in a car accident, when Gladue was 14 years old.[1] The trial judge held that s. 718.2(e) did not apply to Indigenous people who were off-reserve. The British Columbia Court of Appeal upheld the sentence.[4]
Reasons of the Supreme Court
The Supreme Court upheld the sentence of three years, but reviewed the factors which should be considered in the new sentencing provision, s. 718.2(e). Justices Cory and Iacobucci held that the courts below erred in taking an overly narrow approach of s. 718.2(e). The purpose of this provision is to address the historical and current problem with the severe over-representation of Indigenous people within the criminal justice system.
Gladue was not on reserve land at the time of the offence and therefore the sentencing judge held that s. 718.2(e) did not apply. The Supreme Court held that was a mistake by the sentencing court. The Court held that s. 718.2(e) applies to "all aboriginal persons wherever they reside, whether on- or off-reserve, in a large city or a rural area".[1]
Gladue reports
Following the Supreme Court decision, sentencing courts began requiring pre-sentencing reports for aboriginal offenders, to specifically report on the factors which the Supreme Court held were required by s. 718.2(e), which Parliament had enacted in an attempt to lower the severe over-representation of Indigenous people within the Canadian criminal justice system. These reports became known as Gladue reports. Some of the items included in Gladue reports include the tragic history, cultural oppression, poverty, abuse suffered and residential school attendance of the Indigenous offender.[5]
See also
- List of Supreme Court of Canada cases (Lamer Court)
- R v Ipeelee
- R v Wells
- Healing lodge
- Gladue report
- Indigenous Peoples and the Canadian Criminal Justice System
Notes
- ^ a b c d R v Gladue, [1999] 1 SCR 688.
- ^ "Adult Correctional Services in Canada, 1995-96" Micheline Reed and Peter Morrison, Juristat – Canadian Centre for Justice Statistics, Statistics Canada – Catalogue no. 85-002-XPE Vol. 17 no. 4.
- ^ Criminal Code, RSC 1985, c. C-46, s. 718.2(1) , as enacted by SC 1995, c. 22, s. 6.
- ^ a b R v Gladue, 1997 CanLII 3015 (BC CA).
- ^ "English | Gladue Sentencing Principles". gladueprinciples.editmy.website. Retrieved 2018-12-03.