Indigenous Justice: But when will we be heard? (Gladue principles)

By Boris Villatoro February 24, 2023 Introduction While making up only 3% of the national population , 26% of male prisoners are persons of Indigenous descent. Yet, in spite of these statistics the legal tools are available to counteract this trend but they remain underutilised. The legal tool is one’s ability to have their hearing with Gladue principle considerations. However, not all Indigenous persons are provided the proper knowledge to successfully apply the principles to their case.  Indeed, this week there were two high-profile sentencing appeals in Ontario based on Gladue wherein a few Indigenous men had their appeal denied and another where an Indigenous man had his acquittal upheld. So how do courts justify their decisions to differentially judge persons under Gladue? Analysis Gladue principles refer to a 1995 amendment to s. 718.2(e) of the Criminal Code of Canada. The amendment allowed for Indigenous persons to have their background history considered in a court’s sen...