About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

69 Crim. L.Q. 377 (2021)
Understanding Gladue from the Perspective of Indigenous People

handle is hein.journals/clwqrty69 and id is 393 raw text is: Understanding Gladue From the Perspective of Indigenous People Carmela Murdocca1 I understand now how Gladue is supposed to work and not work. And I'm the expert. So, I also understand what lawyers and judges do not understand because they've never been in prison.2 1. Introduction When I sat down with a young Indigenous man with life-long experiences with policing, surveillance and the criminal justice system, he expressed the following: I had never even heard of Gladue. When I first heard of it, I didn't know what it meant. I was like, 'Gladue,' what is that? It was the first time I had heard of it in my life. I've got over seventy convictions and I had never heard of it. I'm not proud of it but I'm just saying I've got a pretty big record and I never once had anyone say anything about a Gladue report. What practical and fundamental questions about the Gladue process does his experience suggest? What is the role of systemic racism in his experience? What does his experience reveal about the structural and systemic challenges faced by Indigenous people, Indigenous legal advocacy groups and other actors in the daily work of the criminal justice system in Canada? The Supreme Court decision in Gladue has had far-reaching implications for legal practice in Canada.3 In the years since the Supreme Court decision in Gladue (1999), there has been 1. The author would like to thank Aboriginal Legal Services and especially Jonathan Rudin and the Gladue report writers who enthusiastically supported and facilitated the research and implementation of the project. The author wishes to thank the experts/participants for their willingness to share their experiences and knowledge of navigating the Gladue process and the racial violence of the criminal justice system. This project would not have been possible without their willingness to share their knowledge, expertise, experiences and perspectives. The author also thanks Bahar Banaei for research assistance. This research was supported by a Social Science Research and Humanities Council Partnership Engage Grant. 2. This quote is derived from transcripts of interviews with past clients of Aboriginal Legal Services. Transcripts are on file with author. 377

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most