Gladue: A New Approach 2022

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DescriptionMore DetailAgenda

The promise and the principles of Gladue—more than a sentencing tool

—Rebroadcasts—
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.

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

*Last Kick at the Can 2022*
Rebroadcast	$879 $812
Rebroadcast Articled Student	$454.50 $406
Are you an Indigenous lawyer or community member? Click here for special pricing. Do you need financial assistance? Click here for bursary information. Experiencing financial hardship due to COVID-19? You may be eligible for further reductions in our course prices. Please contact Customer Service for more information. 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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CLEBC Program Lawyer*
Teresa Sheward
tsheward@cle.bc.ca
*non-practising

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)

CLOSING PRAYER

Elder Maria Reed – Waabigekek Ikwe

DAY TWO (Friday, April 29, 2022)

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

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)

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

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Gladue: A New Approach 2022

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