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Honouring the Truth Reconciling for the Future

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220 • <strong>Truth</strong> & Reconciliation Commissioncultural abuse in <strong>the</strong> schools later turned to alcohol and drugs as a means to cope andtry to <strong>for</strong>get. The consequences <strong>for</strong> many students and <strong>the</strong>ir families were tragic.Grace Campbell is an intergenerational Survivor.When I was drinking a lot of things happened to me … I had to do things and alot of times I just about got killed and <strong>the</strong>n, I thought it was easy. Easy drinking,easy to get <strong>the</strong> way I was living and I didn’t like it. I was selling my body and Ididn’t like it. At <strong>the</strong> time I didn’t know it but when I look back, some of thosecreeps I hung with, men and guns and everything, like you know. I was losing mydrinking buddies though; <strong>the</strong>y were being murdered and dying. 134Action is required now to overcome <strong>the</strong> legacy of residential schools that has playeda major role in <strong>the</strong> over-incarceration of Aboriginal people.Call to Action30) We call upon federal, provincial, and territorial governments to commit toeliminating <strong>the</strong> overrepresentation of Aboriginal people in custody over <strong>the</strong> nextdecade, and to issue detailed annual reports that monitor and evaluate progressin doing so.Community programsIn 1996, Parliament legislated principles that would allow offenders who mighto<strong>the</strong>rwise be imprisoned to serve <strong>the</strong>ir sentences in <strong>the</strong> community. A centrepieceof <strong>the</strong>se re<strong>for</strong>ms was Section 718.2(e) of <strong>the</strong> Criminal Code, which instructs judgesthat “all available sanctions o<strong>the</strong>r than imprisonment that are reasonable in <strong>the</strong> circumstancesshould be considered <strong>for</strong> all offenders, with particular attention to <strong>the</strong>circumstances of aboriginal offenders.” 135In 1999, in R. v. Gladue, <strong>the</strong> Supreme Court stated that Section 718.2(e) of <strong>the</strong>Criminal Code was enacted in response to alarming evidence that Aboriginal peopleswere incarcerated disproportionately to non-Aboriginal people in Canada. 136 Thecourt stressed that this section is a remedial provision, enacted specifically to oblige<strong>the</strong> judiciary to make special ef<strong>for</strong>ts to find reasonable alternatives to imprisonment<strong>for</strong> Aboriginal offenders and to take into account <strong>the</strong> background and systemic factorsthat bring Aboriginal people into contact with <strong>the</strong> justice system. 137In some jurisdictions, <strong>the</strong> Gladue decision has resulted in <strong>the</strong> production of moreextensive pre-sentence, or “Gladue,” reports that detail <strong>the</strong> background and contextualcircumstances of Aboriginal offenders. These reports help in<strong>for</strong>m judges’ sentencingdecisions and are meant to encourage alternative options to incarceration. However,

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