Gladue Submissions

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The recording of this program is available in Courses On Demand.

Building blocks for better, more culturally competent legal practice

(Original Course Date: November 15 and 16, 2018)

Who should attend: Lawyers who work with Indigenous clients

Learning level: All levels

Your fundamental guide to Gladue rights, principles, factors, reports, and submissions

2019 marks the 20^th anniversary of the Supreme Court of Canada’s Gladue decision, interpreting the application of s. 718.2(e) of the Canadian Criminal Code which requires judges to consider the particular circumstances of Indigenous people before the courts. The SCC held that judges must consider unique history, systemic factors, and cultural issues when determining sentencing and bail for Indigenous offenders, in order to address the overrepresentation of Indigenous peoples in the criminal justice system.

Subsequent cases have further defined the scope and content of Gladue principles and factors, and have expanded its application to whenever an Indigenous person’s liberty is at stake, including during appeal considerations, Dangerous Offender, and Long-Term Supervision Order applications, and at parole.

This two-day course will explore the history of Gladue, its application since coming into force, and the current state of the law. On Day One, you will learn the history, scope, and content of Gladue. On Day Two, you will learn the context and meaning of Gladue reports and how to obtain them, and you will practice making effective Gladue submissions with or without a Gladue report.

Topics include:

Gladue from court and Indigenous perspectives
Gladue reports compared to presentence reports, laws, policies, and practices that gave rise to Gladue factors
discussions about the application of Gladue unique to Indigenous women and youth

Join us and improve your Gladue knowledge and competency today!

Law Society of BC CPD Hours: 12 hours (a minimum of 2 hours will involve professional responsibility and ethics, client care and relations, and/or practice management)

Course Chairs
Rhaea Bailey — Manager, Indigenous Services, Legal Services Society of BC, Vancouver
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack

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CLEBC Program Lawyer*
Teresa Sheward
tsheward@cle.b.ca
*non-practicing

Course Chairs
Rhaea Bailey — Manager, Indigenous Services, Legal Services Society of BC, Vancouver
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack

About the Course Chairs
Halie (Kwanxwa’logwa) Bruce is a member of the Namgis/Kwa’kwa’kawakw Nation. Halie has 25 years of experience working with Indigenous communities. Before receiving her Bachelor of Laws degree from UBC, Halie was the Administrator and Policy Coordinator for the Union of B.C Indian Chiefs and worked with Indigenous communities and governments from across B.C., Canada and internationally, to explore traditional dispute resolution mechanisms with respect to various land, resource, social policy and internal community disputes, including in the area of Indigenous child welfare. Halie’s practice includes family law, Indigenous laws and governance, fisheries, Aboriginal business law and alternative dispute resolution services with respect for Indigenous laws and peacemaking protocols. Halie has acted as Counsel for parents and grandparents in child protection matters and assisted with research and editing for the “Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook” (2015). Halie devotes part of her practice to Indigenous restorative justice initiatives, including writing Gladue Reports for bail, sentencing and appeal courts in BC.

Rhaea Bailey is a Métis lawyer who was called to the bar in 2010. She completed her law degree at UBC and articled with an Indigenous law firm in Vancouver. From 2010 to 2015, Rhaea practiced family and child protection law. This provided her opportunities to travel to various parts of BC, including Williams Lake, where she provided family law and child protection duty counsel services as well as a legal advice clinic once a month for Indigenous clients for over three years.

In the fall of 2015, Rhaea transitioned into an Indigenous law practice where she focused primarily on specific claims litigation and judicial reviews for the next two years. Over the last eight years, Rhaea has appeared at various levels of court including BC Provincial Court (including circuit court), BC Supreme Court, and the Federal Court in BC and the Northwest Territories.

Rhaea accepted a position with the Legal Services Society (LSS), as the Manager of Indigenous Services, in March of 2017. Her portfolio at LSS includes:

the design, development, implementation and management of Indigenous legal aid services;
engagement with Indigenous communities on legal needs;
providing advice to LSS management and the LSS board on policy, administration, and management issues affecting Indigenous legal aid services; and
Gladue reports for legal aid clients.

Featured Speaker
Michael A. Jackson, QC — Professor Emeritus, Peter A. Allard School of Law, University of BC, Vancouver

Faculty
The Honourable Judge Alexander Wolf — Provincial Court of BC, Surrey
Rhaea Bailey — Manager, Indigenous Services, Legal Services Society of BC, Vancouver
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Jeffrey T. Campbell, QC — Peck and Company, Vancouver
Chris Darnay — Barrister & Solicitor, Vancouver
Brian Dybwad — Managing Partner, Parents Legal Centre, Legal Services Society of BC, Campbell River
Mark K. Gervin — Barrister & Solicitor, Vancouver
Laura A. Matthews — Matthews Mediation, Mission
Raymond D. Phillips, QC — Barrister & Solicitor, Lytton
Benjamin Ralston — Assistant Professor, University of Saskatchewant College of Law, Saskatoon
Pamela Shields — Barrister & Solicitor, Chilliwack
Sandra Sinclair — First Nations Duty Counsel, Prince George
Michael D. Smith — Managing Lawyer, Criminal Law Services, Legal Services Society of BC, Vancouver
Joleen Steininger — Gladue & Administrative Assistant, Indigenous Services, Legal Services Society of BC, Vancouver
Ardith Walpetko We’dalx Walkem, QC — Cedar and Sage Law Corporation, Chilliwack
Mitch Walker — Vice Chair, Gladue Writers Society of BC, West Kelowna
Rosalie C.N. Yazzie — BC Aboriginal Justice Council, Nesika Law Corporation, Westbank

Click here for full faculty bios »

Day 1

Welcome and Introduction

Opening Prayer

Jim Kwes' Kwestin Kew — Musqueam First Nation, Vancouver

What is Gladue: Overview and History

addressing over-representation of Indigenous people in the legal system
living under the justice system: the revolving door
impacts of government laws, policies, and practices on Indigenous people
judicial notice

Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Pamela Shields — Barrister & Solicitor, Chilliwack
Mitch Walker — Vice Chair, Gladue Writers Society of BC, West Kelowna
Rosalie C.N. Yazzie — BC Aboriginal Justice Council, Nesika Law Corporation, Westbank

Break

Gladue and the Current State of the Law

case law update: the scope of Gladue
how was Gladue developed
roles and duties of the court

Mark K. Gervin — Barrister & Solicitor, Vancouver
Benjamin Ralston — Assistant Professor, University of Saskatchewan College of Law, Saskatoon

Questions and Discussion

Lunch with Featured Speaker

"Locking Up Natives in Canada: Indigenous Peoples and the Law 30 Years Later”
Michael A. Jackson, QC — Professor Emeritus, Peter A. Allard School of Law, University of BC, Vancouver

Therapeutic Justice and Trauma Informed Practice

application of Gladue to specific Indigenous groups
over-incarceration of Indigenous women: looking at alternatives
Gladue in the youth context

Laura A. Matthews — Matthews Mediation, Mission
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Ardith Walpetko We’dalx Walkem, QC — Cedar and Sage Law Corporation, Chilliwack

Break

Gladue Reports

Gladue myths busted
what are Gladue reports and who is doing them, how to get them, and how to apply for them
Gladue reports and pre-sentencing reports: what is the difference
what constitutes "restorative justice"
challenges when there is no treatment or other options available
resources

Joleen Steininger — Gladue & Administrative Assistant, Indigenous Services, Legal Services Society of BC, Vancouver
Mitch Walker — Vice Chair, Gladue Writiers Society of BC, Kelowna

View from the Bench

reconciling retributive and restorative justice approaches
Gladue reports
best practices for Gladue submissions

The Honourable Judge Alexander Wolf — Provincial Court of BC, Surrey

Closing Questions and Comment

Day 2

Welcome

Gathering Information: The Interview

trauma-informed practice and re-traumatization
how to approach client for information
how to approach other people who have information
tools for success: link between information and assisting the court

Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Sandra Sinclair — First Nations Duty Counsel, Prince George
Mitch Walker — Vice Chair, Gladue Writers Society of BC, West Kelowna

Faculty Demonstration: A Gladue Interview

Break

Gathering Information: Interview Practice in Breakout Rooms

Rhaea Bailey — Manager, Indigenous Services, Legal Services Society of BC, Vancouver
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Chris Darnay — Barrister & Solicitor, Vancouver
Brian Dybwad — Managing Partner, Parents Legal Centre, Legal Services Society of BC, Campbell River
Jeffrey T. Campbell, QC — Peck and Company, Vancouver
Mark K. Gervin — Barrister & Solicitor, Vancouver
Laura A. Matthews — Matthews Mediation, Mission
Raymond D. Phillips, QC — Barrister & Solicitor, Lytton
Pamela Shields — Barrister & Solicitor, Chilliwack
Sandra Sinclair — First Nations Duty Counsel, Prince George
Michael D. Smith — Managing Lawyer, Criminal Law Services, Legal Services Society of BC, Vancouver
Mitch Walker — Vice Chair, Gladue Writers Society of BC, West Kelowna

Networking Lunch (provided)

Making a Submission: Gladue Submissions on Bail and Sentencing

what to do with the report when you get it
with and without a report: what to highlight
best practices for making Gladue submissions
defence and Crown experiences
Gladue and First Nations/Indigenous courts

Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Brian Dybwad — Managing Partner, Parents Legal Centre, Legal Services Society of BC, Campbell River
Raymond D. Phillips, QC — Barrister & Solicitor, Lytton

Faculty Demonstration: Making a Gladue Submission

Break

Making a Submission: Practice in Breakout Rooms

Rhaea Bailey — Manager, Indigenous Services, Legal Services Society of BC, Vancouver
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Jeffrey T. Campbell, QC — Peck and Company, Vancouver
Chris Darnay — Barrister & Solicitor, Vancouver
Brian Dybwad — Managing Partner, Parents Legal Centre, Legal Services Society of BC, Campbell River
Mark K. Gervin — Barrister & Solicitor, Vancouver
Laura A. Matthews — Matthews Mediation, Mission
Benjamin Ralston — Associate Professor, University of Saskatchewan College of Law, Saskatoon
Pamela Shields — Barrister & Solicitor, Chilliwack
Sandra Sinclair — First Nations Duty Counsel, Prince George
Michael D. Smith — Managing Lawyer, Criminal Law Services, Legal Services Society of BC, Vancouver

Questions and Discussion, Closing Plenary

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