Gladue: A New Approach 2022

Course Chairs
Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Rhaea Bailey — Manager, Indigenous Services, Legal Aid BC, Vancouver

About the Course Chairs

Mitch Walker is the former vice-chairperson and co-founder of the Gladue Writers Society of BC and an independent Gladue Writer on the Legal Aid BC Gladue Writers roster.

After the signing of the BC First Nations Justice Strategy ("BCFNJS"), Mitch moved into the role of Director of Gladue Services for the BC First Nations Justice Council in June 2020. He is responsible for the implementation of Strategy #6 of the BCFNJS.

Mitch holds a Master's Degree (with Distinction) in Criminology from Queens University in Belfast, Northern Ireland and a Bachelor's Degree in Sociology and Criminal Justice from the University of Victoria.

Mitch has worked in various roles in the for the past 15 years, with a consistent focus on Gladue, Indigenous and Restorative Justice, and capacity building for Indigenous people in the criminal justice system.

Halie (Kwanxwa’logwa) Bruce is a member of the Namgis/Kwa’kwa’kawakw Nation. Halie has over 30 years of experience working with Indigenous communities. Before receiving her Juris Doctorate from UBC, Halie was the Administrator and Policy Coordinator for the Union of BC Indian Chiefs where she worked with Indigenous communities and governments from across BC, Canada and internationally, with respect to Aboriginal Title & Rights, Self-determination, land, resource, and social policy. She is a past member of the BC First Nations Justice Council and is a current Board member of the Sixties Scoop Healing Foundation.

Halie's legal practice has included Indigenous family law, Indigenous laws and governance, fisheries, Aboriginal business and Indigenous dispute resolution, laws and peacemaking protocols. Halie has acted as counsel for parents and grandparents in child protection matters and assisted with research and editing of both editions of the Wrapping Our Ways Around Them: Aboriginal Communities and the CFCSA Guidebook (2015 & 2021). She has devoted part of her practice to Indigenous restorative justice initiatives, including writing Gladue Reports for bail, sentencing and appeal courts in BC. 

Halie has participated as a speaker, panelist and presenter at various CLEBC conferences, and co-chaired CLE sessions focusing on Access to Justice for Children, Gladue Submissions, and Indigenous Laws. She has presented at a number of gatherings on Indigenous topics as diverse as Aboriginal Title & Rights, Indigenous child welfare, housing, matrimonial property, poverty, cultural competency, trauma-informed decision making, and Indigenous conflict resolution.

Rhaea Bailey is an Indigenous 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.

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. 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 has been with Legal Aid BC (LABC), as the Manager of Indigenous Services, since March of 2017. Her portfolio at LABC includes:

• supporting LABC advance its commitment to reconciliation
• working with service delivery to design, develop, and manage Indigenous services
• leading consultations with Indigenous people, organizations, and communities on legal needs
• coordinating and supporting Indigenous services across LABC
• providing advice on policy, administration, and management issues affecting Indigenous services
• providing expertise on Indigenous issues
• liaising with MAG officials, First Nations Justice Council, Métis Nation BC, and Native Courtworker and Counselling Association of BC as well as other Indigenous organizations on matters relating to the delivery of legal services relating to Indigenous peoples in BC
• leading LABC initiatives relating to Equity, Diversity, and Inclusion

Opening Prayer
Elder Maria Reed – Waabigekek Ikwe

Faculty
The Honourable Madam Justice Ardith Walpetko We’dalx Walkem — Supreme Court of BC, Chilliwack
The Honourable Judge Linda D. Thomas — Provincial Court of BC, Williams Lake
Anne Marie Cirillo, MA — Applied Theatre Practitioner, VOICEInstinct | Consulting, Victoria
Leah B.M. Fontaine, KC — Crown Counsel, Ministry of Attorney General, Duncan
David Griffiths — Manager of Criminal Immigration and Appeals, Legal Aid BC, Vancouver
Lisbeth Haigh-Turner — Gladue Report Writer, Victoria
Martha Kahnapace — Vancouver
Professor Benjamin Ralston — University of Saskatchewan College of Law, Saskatoon
Sarah Runyon — Marion & Runyon, Campbell River
Darryl Shackelly — Executive Director, Native Courtworker and Counselling Association of BC, North Vancouver
Rosalie C.N. Yazzie — BC First Nations Justice Council, Nesika Law Corporation, Westbank

Click here for full faculty bios

DAY ONE (Thursday, April 28, 2022)

Welcome and Land Acknowledgement (9:00 – 9:25)

Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Rhaea Bailey — Manager, Indigenous Services, Legal Aid BC, Vancouver

OPENING PRAYER

Elder Maria Reed – Waabigekek Ikwe

Vision for Gladue (9:25 – 10:25)

• promise and purpose of the Gladue principles
• 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 
• highlights from the First Nations Justice Strategy respecting criminal justice reform, transition of Legal Aid services, and Indigenous courts

Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank
Rosalie C.N. Yazzie — BC First Nations Justice Council, Nesika Law Corporation, Westbank

BREAK (10:25 – 10:45)

The Current State of Gladue (10:45 – 12:00)

• introduction of The Gladue Principles—A Guide to the Jurisprudence and supporting guides
• how did the Gladue principles emerge and how have they developed since
• roles and duties of the court and counsel
• case law update: evolving applications of the Gladue principles

Professor Benjamin Ralston — University of Saskatchewan College of Law, Saskatoon

Questions and Discussion (12:00 – 12:30)

LUNCH (12:30 – 1:15)

Gladue Reports and Processes (1:15 – 2:30)

• Gladue myths busted
• what are Gladue Reports and who is doing them
• how to get them, how to apply for them
• Gladue Reports and pre-sentencing reports: what is the difference
• what constitutes "restorative justice"
• challenges when there are no treatment or other options available
• resources
• BC First Nations Justice Strategy—preventative process
• healing plan—between day of arrest and first appearance
• referrals and submissions
• how Crown and defense can get information before the court
• Legal Aid tariff and how lawyers can use it

David Griffiths — Manager of Criminal Immigration and Appeals, Legal Aid BC, Vancouver
Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank

Questions and Discussion (2:30 – 2:45)

BREAK (2:45 – 3:00)

BC Prosecution Services Guidelines for Gladue (3:00 – 3:45)

• reducing overrepresentation in charging and sentencing
• alternatives to prosecution
• including Gladue earlier in the process 

Leah B.M. Fontaine, KC — Crown Counsel, Ministry of Attorney General, Duncan

Closing Comments (3:45 – 4:00)

Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Rhaea Bailey — Manager, Indigenous Services, Legal Aid BC, Vancouver

CLOSING PRAYER

Elder Maria Reed – Waabigekek Ikwe

DAY TWO (Friday, April 29, 2022)

Welcome and Land Acknowledgement (9:00 – 9:10)

Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Rhaea Bailey — Manager, Indigenous Services, Legal Aid BC, Vancouver

OPENING PRAYER

Elder Maria Reed – Waabigekek Ikwe

Therapeutic Justice and Trauma Informed Practice (9:10 – 10:30)

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

Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Martha Kahnapace — Vancouver

BREAK (10:30 – 10:45)

Gathering Interview: A Demonstration Part One (10:45 – 11:45)

• 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

Anne Marie Cirillo, MA — Applied Theatre Practitioner, VOICEInstinct | Consulting, Victoria
Lisbeth Haigh-Turner — Gladue Report Writer, Victoria
Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank

Questions and Discussion (11:45 – 12:00)

LUNCH (12:00 – 12:45)

View from the Bench (12:45 – 1:15)

The Honourable Madam Justice Ardith Walpetko We’dalx Walkem — Supreme Court of BC, Chilliwack

Gladue Interview: A Demonstration Part Two (1:15 – 2:15)

Anne Marie Cirillo, MA — Applied Theatre Practitioner, VOICEInstinct | Consulting, Victoria
Lisbeth Haigh-Turner — Gladue Report Writer, Victoria
Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank

BREAK (2:15 – 2:30)

Community of Practice: Working Together to Fulfill the Promise of Gladue (2:30 – 3:30)

Moderators:
Mitchell Walker — Director of Gladue Services, BC First Nations Justice Council, Westbank
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Chilliwack
Rhaea Bailey — Manager, Indigenous Services, Legal Aid BC, Vancouver

Panelists:
The Honourable Judge Linda D. Thomas — Provincial Court of BC, Williams Lake
Anne Marie Cirillo
Lisbeth Haigh-Turner — Gladue Report Writer, Victoria
Sarah Runyon — Marion & Runyon, Campbell River
Darryl Shackelly — Executive Director, Native Courtworker and Counselling Association of BC, North Vancouver

Questions and Discussion (3:30 – 4:00)

CLOSING PRAYER

Elder Maria Reed – Waabigekek Ikwe