‘Gladue Comes to Nunavut’

The whole concept of ‘Gladue’ reports is racist and, if we had a proper Constitution, would be unconstitutional, as they constitute structural legal discrimination… 
“Nunavut’s chief justice is considering whether or not to order a formal ‘Gladue’ report for the first time in the territory. ‘Gladue’ reports are documents created to inform a sentencing judge of the particular circumstances of {only} an ‘Indigenous’ {sic, they mean ‘aboriginal’} offender and could include both personal and community histories of ‘colonialism’ {‘modernization’} and its ongoing effects. 

“The reports are named after a 1999 Supreme Court of Canada decision that requires judges to consider these factors when sentencing ‘Indigenous’ offenders.

“But Nunavut has so far not made these pre-sentence reports part of its practice… The Nunavut Court of Justice is often referred to as a “Gladue court” because unlike a court in a southern city, it serves mainly one cultural group — Nunavut’s Inuit — and the judges who live in the territory have years of experience in this context… Therefore, ‘Gladue’ information is currently presented in Nunavut via statements in court by lawyers, pre-sentence reports prepared by Nunavut’s Department of Justice community corrections division and the words of offenders themselves…

“…The majority of defence lawyers in Nunavut are non-Inuit, whereas Canada’s Department of Justice refers to Gladue report writers as “empathetic peers“…
{Does a “peer” have to be of the same Race?}

“Taking the time to have the reports written could further delay court proceedings in Nunavut, and the reports would come with a financial cost…

“Chief Justice Neil Sharkey took the holiday break to consider and is expected to deliver his decision any day now.”

–‘Nunavut court hears first-ever request for written Gladue report for Inuit offenders’,
Sara Frizzell, CBC News, Jan. 09, 2020
See also:
Standardizing Systemic Court Discrimination’ (Training ‘Gladue Writers’) {Sept.27, 2019}:
The Legal Services Society of B.C., which provides legal aid in the province, maintains B.C.’s roster of {taxpayer-funded} ‘Gladue writers’. In 2016, the society had a roster of 14 writers and as of this year, that list had grown to 40 {!}… In 2017/2018, 32% of the adults incarcerated in B.C. were ‘indigenous’ {‘aboriginal’}, while ‘indigenous’ {‘aboriginal’} people made up six per cent of the B.C. population in 2016…

Expanding Segregated Courts’ (Cape Breton) {May 9, 2018}:
A special court that opened on the Wagmatcook ‘First Nation’ {a ‘nation’ of 878 people} in Victoria County, Cape Breton…combines provincial court services, along with ‘Aboriginal Wellness’ court and ‘Gladue’ court. ‘Gladue’ refers to a {discriminatory} Supreme Court of Canada ruling that requires courts to take ‘aboriginal circumstances’ into account when handing down a sentence.”

Conning The System’ (Gladue) {October 18, 2016}:
“Exploiting the racial bias in Canadian sentencing:
Man behind violent jewelry store heist delays sentencing at last minute by telling court his mother is Cherokee’…

The Folly Of ‘Gladue {August 28, 2016}:
Media reports have described Christine Mequish as “among the most dangerous women in the country”, a convicted killer with a record that includes 25 violent crimes since 1984. Last April, following an armed robbery conviction in La Tuque, Que., the 58-year-old was declared a dangerous offender — just the fourth Canadian woman ever designated as such. But while noting her “brutal behaviour” and the likelihood that she will again cause “death, serious abuse or serious psychological harm to other people”, the sentencing judge stopped short of ordering the indeterminate sentence requested by the Crown.
The reason for the lighter sentence: Mequish is an aboriginal…

What Happened To Legal Equality?‘ (Gladue) {June 1, 2015}:
“In attempting to cope with the high proportion of aboriginals in Canadian prisons, Parliament and our judicial leadership have unfortunately resorted to differential treatment based on race/heritage…”
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