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SOSC 2652 (37)
Anna Pratt (32)

Criminal justice system- Aborginal court and Gladue.docx

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Social Science
SOSC 2652
Anna Pratt

Criminal justice system – Aboriginal Court - For most part aboriginal people find themselves at the bottom of society - R.v. Gladue: - Is a precedent setting case - Why is it so significant - Section 718.2 - Are the principle for sentencing - These are the principle that guide all the sentencing judge in our country - (e) said imprisonment should be the last restore - Is the punishment proportionate to the crime - When this was first introduced the orginal phrase was aboriginal and other minorities - What do they mean by circumstances of aboriginal people - Royal commission of aboriginal commission - it was the royal commission that voiced out the concerns of the aboriginal people - stated that we needed to change sentencing practices - report of the aboriginal justice inquiry: - it was in reponse to two events in Manitoba - helly Osborn murdered by two men but trail only sentenced one man - there was a huge cry over the fact that she didn’t get justice for what she deserved - 1998- murder of JJ harper chief od tribal council in Manitoba - Two police officers murder him and those officers were left free without a trail - This influenced them to want to change the whole criminal justice process not just sentencing - Royal commission into sentencing - How can we get our sentencing practice more progressive and up to speed - This elimaited that death penalty in our country - Focus on rehabilitation rather than just punishment - Wanted to think more creatively how to better sentencing practices in general - Gladue - 19 year old female murdered her boy friend because she thought he was havig sexual affair with her sister - It was not the first time - Her partern was charged before for physically hurting her while she was pregnant - On the case day there were bruises - The judge said she wasn’t a fearful or abused wife because her stabbing her husband made are a aggressor - Charged to second degree murder (3 year) - No consideration of section 718.2 (e) - 1) She appeal on the ground that judge did not consider the circumstances that she was a aboriginal - 2) Also that the judge did not consider her rehabiation effort ( went to school, took counciling) - 3) Did not consider her partner being violent (long history) - 4) That she was the aggressor - Even though appeal court considered that that lower court did not take into consideration her status, because she committed a serious crime the sentence will stay - Trail judge said she wasn’t not aboriginal because she was living off reserve - Her lawyer said it was a regular community - Judge said her links to aboriginal community are not strong - Stats - Federal: - Even though aboriginal consists of 2% of Canadian population 18% of the people in courts are aboriginal - Aborignal people in prison are usually in there for minor crimes - What leads to over-incarceration - 1. Systemic discrimin
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