ABSTRACT
This chapter, written by three lawyers, Jacob Medvedev, Michael Crystal and Gilbert Terrance Jr., who practice criminal defense law, provides a concise, historical overview of sentencing reform and its application to address the systemic over-representation of Indigenous peoples in the criminal justice system. Despite the fact that the court in Gladue acknowledged the importance of a multi-faceted approach to overincarceration, the solution has tended to solely focus on sentencing. The authors note that while Gladue factors are now applied routinely at sentencing in many cases, incarceration rates for Indigenous peoples have only worsened since the Criminal Code amendments of over 25 years ago. While cataloging how these principles have been applied through case law, the authors also proffer some recommendations about the novel application of Gladue principles in other areas of law as a means toward reconciliation. These include at bail, parole hearings, “faint hope” applications, extradition proceedings, Gladue considerations for other marginalized groups and at Charter challenges.
