Gladue Court Basics
What year was the R. v. Gladue decision made by the Supreme Court of Canada?
1999
What is the central idea of restorative justice in the context of Indigenous legal traditions?
It focuses on healing and reconciliation, no punishment, and involves the community.
Name a historical factor that contributes to the over-incarceration of Indigenous peoples.
The legacy of residential schools.
What is the main benefit of Gladue Courts for Indigenous offenders?
They focus on community healing rather than incarceration.
What is a key alternative to incarceration that Gladue Courts might offer?
Restorative justice practices such as sentencing circles or community service.
What is the main goal of Gladue Courts?
To consider Indigenous offenders' cultural, historical, and socio-economic factors when sentencing.
What historical practice is a key factor considered in Gladue Courts when understanding the context of Indigenous offenders?
Colonization and its ongoing effects, such as intergenerational trauma and the residential school system.
What role does colonialism play in the systemic inequities faced by Indigenous offenders?
It has caused generational trauma and socio-economic marginalization
How do Gladue Courts help to address systemic racism in the criminal justice system?
By considering the historical and socio-economic background of Indigenous offenders and recognizing the impacts of colonization.
Which of the following is NOT an alternative sentencing option often used in Gladue Courts?
a) Healing lodges
b) Community service
c) House arrest
d) Mandatory prison sentences
Answer: d) Mandatory prison sentences
Who plays a significant role in the Gladue process to provide traditional guidance and support?
Elders
Which type of justice CIRCLE often involves community members, family, and elders to determine how an offender can make amends?
Sentencing circle
What is a systemic barrier Indigenous offenders face in the criminal justice system?
Lack of access to culturally relevant legal representation or services.
Which is a key advantage of involving **elders** in the Gladue process?
Elders bring traditional knowledge and guidance to the sentencing process, helping to ensure that decisions reflect Indigenous values.
What impact do alternative sentencing practices, such as restorative justice, have on Indigenous offenders?
They help address the root causes of criminal behaviour, promote community involvement, and reduce recidivism.
Which of the following is NOT a key aspect of Gladue Courts?
a) Restorative justice
b) Community healing
c) Focus on punishment
d) Sentencing circles
Answer: c) Focus on punishment
How does Gladue Courts address the problem of over-incarceration of Indigenous people?
By providing alternatives to incarceration, such as restorative justice or community-based solutions.
How do systemic inequities impact Indigenous offenders' access to legal representation?
Many face financial barriers or lack culturally relevant legal services.
How do Gladue Courts contribute to reconciliation between Indigenous peoples and the Canadian justice system?
They acknowledge and address historical wrongs and systemic inequalities, fostering trust and healing between Indigenous communities and the justice system.
Why are mandatory minimum sentences problematic for Indigenous offenders?
They don’t allow judges to consider systemic factors or Gladue principles.
What is the purpose of a Gladue report in the courtroom?
To provide a comprehensive account of the offender’s background, including their historical, cultural, and individual circumstances, to help inform the judge’s decision.
What are two types of factors highlighted in Gladue's reports?
Individual factors and contextual factors.
How does systemic racism affect the sentencing of Indigenous offenders?
It leads to harsher penalties and over-representation in the criminal justice system.
What systemic issue do Gladue courts aim to address?
The over-incarceration of Indigenous peoples.
Why are culturally relevant alternatives important in sentencing Indigenous offenders?
They align with Indigenous traditions and address the root causes of criminal behavior.