This is according to the Ministry of Justice’s own statistics on race in the justice system, and has previously been acknowledged by the government. Earlier this report addressed the unacceptably high rates of poverty and unemployment, and the substandard levels of housing, education, and health care currently experienced in Indigenous communities. A representative sample is used in statistical analysis and is a subset of a population that reflects the characteristics of the entire population. The courts monitor each individual’s rehabilitative progress and a judge makes a final sentencing determination. Those who favour granting bail, if reasonable, tend to agree that Gladue should apply to all Indigenous offenders because incarceration, whether as part of a sentence or pre-trial, is still incarceration and contradicts Gladue. Similarly, the Supreme Court of Canada recognized the extent of the problem in Gladue: Like the decision to sustain the Aboriginal Justice Strategy and now the Indigenous Justice Program, policy decisions required to address issues of marginalization are largely the responsibility of the Government of Canada and, to a lesser extent, provincial and territorial governments. The community must, at the very least, directly engage with government in defining issues and creating innovative solutions (Ross, 1996; Warry, 1998; Proulx, 2003; Dickson-Gilmore and La Prairie, 2005; Clark and Landau, 2012; Iacobucci, 2013). For example, there is a danger, identified by Roach and Rudin, that s. 718.2(e) and Gladue might result in net-widening for Indigenous offenders. In 2019, women hold 36 more positions across the IOC’s 26 commissions than they did in 2017, with female members present on each commission. With regard to the first point, we see instances of the mainstream justice system not following through on its responsibilities – responsibilities which are essential in making the intersection of mainstream approaches and community alternatives viable. Similarly, the Gladue Court in Meadow Lake, Saskatchewan takes a restorative approach and conducts hearings in Dene, Cree or English (Department of Justice Canada, 2017a). Why is this so? Black people are over-represented across different parts of the justice system. Dickson-Gilmore and La Prairie are careful to note that the severity of these conditions and the degree of Indigenous marginality vary among different groups and in different parts of the country. In part, at least, this may be due to the relatively high rate of breaching the terms of conditional sentences by Indigenous offenders and the subsequent incarceration of those individuals. Footnote 22 As Roach and Rudin explain. The Tsuu T’ina First Nation Court in Alberta is a good example. They accept referrals of Indigenous individuals who have pled guilty and take on most bail and sentencing hearings. Dickson-Gilmore and La Prairie (2005) argue that Indigenous people are at higher risk of offending, re-offending, and breaching conditions due to their relative marginality in Canadian society. The Indigenous Liaison Program serves as a bridge between Statistics Canada and First Nations, Métis and Inuit communities and Indigenous organizations. Gladue has not had the positive results many had expected. Conclusions: We show that our implementation is significantly faster than more naïve scanning algorithms when searching with many weight matrices in large sequence sets. More up-to-date research is required to thoroughly address these issues. A further point worth noting at the outset is that Indigenous people in Canada, whether status, non-status, Métis, or Inuit, increasingly live in urban settings (see Appendix). It has taken hold in many venues involving Indigenous offenders and victims, including at the Toronto Old City Hall Gladue Court where sentencing circles are increasingly being held in a room other than a regular courtroom and take on a more informal character. In fact, according to the Court, “statistics indicate that the overrepresentation and alienation of Aboriginal peoples in the criminal justice system has only worsened”. First – and this is a serious critique of the mainstream justice system – the system often fails to support the attainment of community goals by not doing its part to make the intersections between Indigenous communities and the mainstream system work effectively. However, the various courts do not necessarily share the same structure or process.Footnote 23 For example, the sentencing circle concept is seen as relevant to Indigenous ways of addressing problems and finding solutions in a communal, supportive manner. The mainstream system is, after all, still the dominant system. It is also the case that the problem of Indigenous overrepresentation is seen to exist, in large part, because the dominant justice system, including police, courts and corrections, has often been socially and culturally out of step with the needs of Indigenous people and the dynamics of Indigenous communities. The implications of s. 718.2(e) are addressed below but the reasons why it was needed fall under the rubric of systemic discrimination facing Indigenous people, as discussed in section 4.3, above. Yet, Aboriginal people account for over one-half of the 1,600 people incarcerated on any given day of the year in Manitoba’s correctional institutions. Courts that do not have the capacity to access Gladue Reports generally do not meet the standards of Gladue because the presiding judge is not provided with the essential information to make a sentencing decision appropriate to the individual Indigenous offender, as indicated in Gladue. Following the lack of clarity expressed by the Supreme Court in Gladue, the ruling in a more recent case was intended to rectify the situation (R. v. Ipeelee, 2012 SCC 13). Rudin notes that the court stated that s. 718.2(e) did not automatically mean an Indigenous person would receive a lesser sentence, and said further that when convicted for a serious violent offence, an Indigenous person would likely receive the same sentence as a non-Indigenous offender.Footnote 20 As Rudin points out, “[i]n the subsequent case of R. v. Wells – a conditional sentencing case – the court continued to send some mixed messages as to the impact of s. 718.2(e) in cases of violence” (Rudin, 2007: 43). This is a critical point for many reasons. This presents a challenge for many Canadian courts as restorative programs, especially those designed for Indigenous people, are still lacking in much of the country. In fact, as the case law material used in this report demonstrates, many judges remain unconvinced of the applicability of Gladue to bail applications. Inuit prefer smaller group approaches to restorative justice (see Crnkovich, 1995). Selection bias results when the procedures used to select a sample result in over representation or under representation of some significant aspect of the population. This product presents information from the Census of Population focusing on the Aboriginal identity population of various geographic areas. Over-representation in offender statistics is mirrored also by over-representation of Māori as victims of crime, a result of the fact that much crime occurs within families, social networks or immediate neighbourhoods. Over-representation analysis looks at whether a subset of metabolites that you have already separated out associate significantly with certain pathways, whereas enrichment analysis takes differential data from every measured metabolite and looks for pathways displaying significantly co-ordinated shifts in those values. Footnote 4 The first was at Old City Hall in Toronto in 2001 and others have followed. This appears to be changing in the Toronto area thanks to the efforts at increasing awareness by the judges at the Aboriginal Youth Court, the Old City Hall Gladue Court, and Aboriginal Legal Services. Why Punguza Mizigo is populist, misrepresents cost of governance Scotland", the charity for "care experienced" youngsters, said: "The overrepresentation of care-experienced people in missing statistics is worrying. Gladue Courts are plea and resolution courts with diversion being a possible resolution. Consequently, according to the Manitoba Commissioners, pre-trial detention is more frequent for Indigenous accused. Like the AJS, the IJP is primarily intended to fund community-based initiatives and is the primary and most comprehensive federal program in support of Indigenous people and criminal justice. sitting around a large table in the centre of the courtroom. The court now has an Aboriginal Bail Program supervisor who is associated with the Toronto Bail Program and who interviews and screens accused without sureties for eligibility for release. It is unique in that it is a circuit court serving several First Nations in northern Saskatchewan. Similarly, Ipeelee now tends to be acknowledged as judges appear to accept that mandatory minimum sentences should not apply when Gladue principles are cited, and that Gladue principles should be applied in every case involving an Indigenous offender, including in cases addressing serious charges. Justice Knazan of the Ontario Court of Justice (2003) points to the recognition by those working in the criminal courts that once an individual has been denied bail and imprisoned for a pre-trial period, the likelihood is higher that they will also receive a custodial sanction at sentencing. Inter-Parliamentary Union ( IPU ) ( ipu.org).For the year of 2020, the data is as of October 1, 2020. The “relaxed atmosphere” involves all participants in the case, including the judge, Crown, defence counsel, the youth and anyone involved in supporting the youth (parents, care giver, social worker, group home supervisor, probation officer, etc.) An evaluation of the Aboriginal Youth Court in Toronto, for example, found that some courts in the Toronto area were attended by lawyers who had very little idea of Gladue and Gladue principles as set out by the Supreme Court, even though they were prosecuting and representing Indigenous persons (Clark, 2016a). The overrepresentation of Indigenous Peoples in jails and youth detention in B.C. The new law came into force in 1996 and contained Criminal Code Section 718.2(e), which was intended to ameliorate the high rates of incarceration of Indigenous people. The assumption is sometimes made that because a court predominantly processes cases involving Indigenous persons, it is thus a Gladue Court. The Supreme Court of Canada recognized the importance of sentencing alternatives for both Indigenous and non-Indigenous offenders. The report will now turn to some of the policies and initiatives designed and implemented with a view to addressing problems arising from systemic discrimination, colonialism, socio-economic marginalization, and culture clash. The program has three main objectives: (i) to assist Indigenous people in assuming greater responsibility for the administration of justice in their communities; (ii) to reflect and include Indigenous values within the justice system; and, (iii) to contribute to a decrease in the rate of victimization, crime and incarceration among Indigenous people in communities with community-based justice programs funded by the IJP. The incarceration rate for Indigenous offenders has continued to rise since the Gladue decision in 1999. It therefore becomes important for local Indigenous communities to be supported in their efforts to provide restorative programming of their own design and management so that courts have appropriate alternatives to which offenders can be diverted. However, caution should be taken when identifying a court as a Gladue Court. Among the amendments was s. 718.2(e), which instructs judges to look Is there something lacking in our approach to community-based justice? According to Statistics Canada (2017a), in 2016 51.8 percent of the total Indigenous population lived in a metropolitan area of at least 30,000 people. According to Spotlight on Gladue: Challenges, Experiences, and Possibilities in Canada’s Criminal Justice System, a report prepared by the Department of Justice Canada (2017a). This is a significant policy decision by the Toronto Gladue Court. This is especially concerning in light of the fact that Indigenous offenders, especially in the western provinces, are disproportionately likely to breach their conditions. In all, 118 cases in various Canadian courts (provincial/territorial courts, provincial Supreme Courts, provincial Courts of Appeal) were identified for review: 90 in 2018; 19 in 2010; and nine in 2000. Regrettably, this has not always happened and, until recently, there were concerns expressed in the literature and by Indigenous communities and organizations that top-down approaches prevented the initiation of culturally relevant and effective community-based alternatives. From 2006 to 2016, the number of Indigenous people living in a centre of this size increased by 59.7 percent (Statistics Canada 2017a). This under-representation has reversed, however, according to a 2018 report from the Department of Social Sciences at UCLA, which states that, despite making up less than 13% of the US population, "Blacks were overrepresented among actors in broadcast scripted … While governments are doing a reasonably good job supporting community-based initiatives, two problems with regard to policy and practice continue to negatively affect the development of community-based alternatives and the reduction of overrepresentation. The Criminal Code does not specifically address the question of bail for Indigenous offenders. Conditional sentences are sentences of imprisonment (jail) that are served in the community and strictly monitored. verb (used with object) to give too much representation to; represent in numbers that are disproportionately high. The final report of the summative evaluation of the AJS dedicates the following paragraph to conclusions on this question: “To what extent have community-based programs had an impact on crime rates in the communities where they are implemented?” The conclusion reads as follows: This finding is encouraging. Bail is not guaranteed, but it is a real possibility for those who qualify by the standards set by the court. For example, consider the importance of culture and culture clash in the development of new approaches to Indigenous justice. The availability of viable, culturally relevant community-based programming has improved since the Supreme Court’s ruling in Gladue (see section 5.5, below). Justice Cohen ran her court with a view to avoiding sentenced incarceration and pre-trial detention for youth. Unsurprisingly, judges in the latter category, especially in 2018, were more likely to request a Gladue Report in order to fully understand the offender’s background and to grant bail with appropriate conditions. This continues to be problematic for two reasons. While the Supreme Court in Gladue was progressive in some respects, it was less helpful in others (Roach, 2009). However, they discuss the emergence of a growing “Aboriginal underclass”, comprising mainly First Nation individuals living in reserve communities (2005: 35-36). A value greater than 1.0 indicates over-representation; a value equal to 1.0 represents proportionality; and a value less than 1.0 indicates under-representation. 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