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In 1999, <strong>the</strong> Supreme Court <strong>of</strong> Canada released a<br />
landmark judgment in R v Gladue that recognized<br />
<strong>the</strong> existence <strong>of</strong> systemic racism against<br />
Aboriginal people in <strong>the</strong> criminal justice system.<br />
The Court wrote,<br />
“It is true that systemic and background<br />
factors explain in part <strong>the</strong> incidence <strong>of</strong><br />
crime and recidivism for non Aboriginal<br />
<strong>of</strong>fenders as well. However, it must be<br />
recognized that <strong>the</strong> circumstances <strong>of</strong><br />
Aboriginal <strong>of</strong>fenders differ from those <strong>of</strong><br />
<strong>the</strong> majority because many Aboriginal<br />
people are victims <strong>of</strong> systemic and<br />
direct discrimination, many suffer <strong>the</strong><br />
legacy <strong>of</strong> dislocation, and many are<br />
substantially affected by poor social and<br />
economic conditions. Moreover, as has<br />
been emphasized repeatedly in studies<br />
and commission reports, Aboriginal<br />
<strong>of</strong>fenders are, as a result <strong>of</strong> <strong>the</strong>se unique<br />
systemic and background factors, more<br />
adversely affected by incarceration and<br />
less likely to be “rehabilitated” <strong>the</strong>reby,<br />
because <strong>the</strong> internment milieu is <strong>of</strong>ten<br />
culturally inappropriate and regrettably<br />
discrimination towards <strong>the</strong>m is so <strong>of</strong>ten<br />
rampant in penal institutions.”<br />
Gladue requires all courts to consider <strong>the</strong><br />
circumstances <strong>of</strong> Aboriginal people (First Nation,<br />
Métis and Inuit) in arriving at a just sentence, and to<br />
give serious consideration to non-carceral alternatives<br />
that may prove more effective for Aboriginal people.<br />
Twenty years after <strong>the</strong> AJI, <strong>the</strong> over-representation<br />
<strong>of</strong> Aboriginal people in Manitoba prisons and<br />
jails has got worse, ra<strong>the</strong>r than better. Clearly<br />
Gladue has not had <strong>the</strong> impact one might have<br />
hoped for in a province that has one <strong>of</strong> <strong>the</strong> largest<br />
Aboriginal populations in Canada. In an effort to<br />
better understand and develop solutions to address<br />
this problem, <strong>the</strong> University <strong>of</strong> Manitoba <strong>Faculty</strong><br />
<strong>of</strong> <strong>Law</strong> hosted a symposium in March 2011 on <strong>the</strong><br />
implementation <strong>of</strong> Gladue. The symposium aimed to<br />
increase awareness about Gladue and o<strong>the</strong>r key legal<br />
developments, to note <strong>the</strong> lack <strong>of</strong> implementation<br />
in Manitoba, and to hear from a number <strong>of</strong> speakers<br />
who are bringing Gladue principles to life in a variety<br />
<strong>of</strong> innovative ways across Canada. Speakers included<br />
Jonathan Rudin <strong>of</strong> Aboriginal Legal Services <strong>of</strong><br />
Toronto; <strong>Robson</strong> <strong>Hall</strong> Pr<strong>of</strong>essors Brenda Gunn, David<br />
Milward, and Debra Parkes; Chief Judge Karen Ruddy<br />
<strong>of</strong> <strong>the</strong> Yukon Territorial Court; and Sandra DeLaronde,<br />
Executive Director <strong>of</strong> <strong>the</strong> Helen Betty Osborne<br />
Foundation. The panels were chaired by Chief Judge<br />
Ken Champagne and Pr<strong>of</strong>essor Wendy Whitecloud.<br />
The symposium was a tremendous success, acting<br />
as a catalyst to bring a number <strong>of</strong> Manitoba judges<br />
and lawyers toge<strong>the</strong>r with <strong>Robson</strong> <strong>Hall</strong> faculty<br />
members and students, as well as members <strong>of</strong> <strong>the</strong><br />
Aboriginal community, interested in implementing<br />
Gladue principles in Manitoba courtrooms. Members<br />
<strong>of</strong> this ad hoc working group recognize that <strong>the</strong>re<br />
is a lack <strong>of</strong> justice system resources dedicated to<br />
providing courts with <strong>the</strong> information <strong>the</strong>y need to<br />
apply Gladue in a meaningful way to <strong>the</strong> Aboriginal<br />
people who come before <strong>the</strong>m. There is no dedicated<br />
funding or program to support <strong>the</strong> production <strong>of</strong><br />
“Gladue reports” which would provide <strong>the</strong> kind <strong>of</strong><br />
information about <strong>the</strong> accused that is contemplated<br />
in <strong>the</strong> Gladue decision and which have proven<br />
successful in assisting sentencing courts in o<strong>the</strong>r<br />
jurisdictions. Relevant information can include how<br />
colonialism has affected <strong>the</strong> individual’s particular<br />
Aboriginal community, traumas that have affected<br />
<strong>the</strong> person’s life, <strong>the</strong> role <strong>of</strong> systemic disadvantage in<br />
bringing <strong>the</strong> individual into <strong>the</strong> justice system, and<br />
culturally-based alternatives to incarceration.<br />
Collaborative efforts growing out <strong>of</strong> <strong>the</strong><br />
symposium have had some promising results,<br />
including:<br />
• Publication <strong>of</strong> a peer-reviewed article by<br />
Pr<strong>of</strong>essors Debra Parkes and David Milward<br />
in <strong>the</strong> Manitoba <strong>Law</strong> Journal that syn<strong>the</strong>sizes<br />
<strong>the</strong>ir presentations at <strong>the</strong> symposium<br />
71 ROBSON HALL ALUMNI REPORT