The promise and the principles of Gladue—more than a sentencing tool
On the rebroadcast date, you will have until midnight of that rebroadcast date to access the course. Please note that technical support will be available during regular CLEBC business hours.
Last Kick at the Can Series 2022
Thursday and Monday, December 1 and 5, 2022
Thursday and Monday, December 15 and 19, 2022
(Original Course Date: April 28 and 29, 2022)
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Who should attend: Defence and Crown counsel, members of the judiciary, police and law enforcement, corrections and parole decision-makers, Gladue report writers, and all lawyers and others who work with Indigenous clients and communities
Learning level: All levels
The Supreme Court of Canada's 1999 Gladue decision interprets 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 in order to address the over-representation of Indigenous peoples in the criminal justice system, judges must consider unique history, systemic factors, and cultural issues when determining sentencing and bail for Indigenous offenders. But since 1999, the over-representation of Indigenous peoples in the criminal justice system has only increased.
According to statistics from the Office of the Correctional Investigator, the overall Indigenous inmate population has increased some 18% in recent years, while the non-Indigenous population has declined by more than 28%. Indigenous people are over-represented in Canadian prisons by a factor of well over six-to-one. 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.
How can the principles of Gladue be applied more effectively? What can practitioners do to come closer to fulfilling the vision for Gladue? How is the BC First Nations Justice Council supporting Gladue report writers and promoting earlier application of Gladue principles? How does Legal Aid BC support legal aid lawyers in the application of Gladue principles?
Join us in an exploration of best practices and community collaboration in this important area.
Presented by CLEBC in collaboration with the BC First Nations Justice Council and Legal Aid BC.
Law Society of BC CPD Hours: 11 hours (this course will contain a minimum of 2 hours pertaining to professional responsibility and ethics, client care and relations, and/or practice management). Please note: The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.
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
|Last Kick at the Can 2022
|Rebroadcast Articled Student
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Registration includes an electronic copy of the reference materials.
Please note: The CPD hours of the rebroadcast will either meet or exceed the CPD hours of the original live webinar course.
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