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 20th 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.
- 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)
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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