
Mohawk University
53 posts

Mohawk University
@MohawkUniverse
As the Mohawk Charitable Foundation for Grand River ("Mohawk University") is building lifelong connections with our residents, guests, partners and communities.



🏛️R v Gladue the Supreme Court of Canada in 1999 considered whether the systemic and background factors affecting Indigenous offenders in the criminal justice system should be considered during sentencing. 📖 Facts: Jamie Tanis Gladue, an Indigenous woman, was charged with second-degree murder after a fatal altercation with her fiancé. At sentencing, her background as an Indigenous person was not thoroughly considered. 💡 Issues: Does Section 718.2(e) of the Criminal Code, which instructs courts to consider alternatives to imprisonment "with particular attention to the circumstances of Aboriginal offenders," require judges to take into account the unique systemic and background factors affecting Indigenous offenders? ⚖️ Decision: The Supreme Court of Canada ruled that judges must consider the unique circumstances of Indigenous offenders during sentencing. The aim is to address their overrepresentation in prisons and to approach sentencing in a restorative justice manner, emphasizing community-based sanctions. 🗣️ Bottom Line: The Gladue decision highlighted the need for a culturally sensitive approach to the sentencing of Indigenous offenders in Canada, acknowledging past injustices and systemic issues. This case also acknowledged the overrepresentation of Indigenous persons in the Canadian criminal justice system. What do you think about this case? #CharterCases #Canada #CanadaDeservesBetter #GovernmentAccountability #StandForTruth #TogetherWeRise #TogetherForChange #EmpoweredCanadians
























