Browsing by Author "Platt, Victoria"

Now showing 1 - 1 of 1
  • Thumbnail Image
    ItemOpen Access
    Reducing Indigenous Over-Incarceration
    (2024-05-29) Platt, Victoria; Fellows, G. Kent
    In 1996, the Government of Canada implemented Bill C-41 which led to major sentencing reforms. One change was the creation of section 718.2(e) of the Criminal Code of Canada, which signaled that the criminal justice system had become overly reliant on custodial sentences. The long-recognized concern for the disproportionately high rates of Indigenous incarceration was further recognized by this provision. To tackle the problem of Indigenous overincarceration, the judiciary was to consider the unique systemic and background circumstances of Indigenous offenders during sentencing proceedings. In the case of R v Gladue, the Supreme Court of Canada deemed that such considerations were an indispensable responsibility of sentencing judges. Specialized sentencing reports, called Gladue Reports, have become increasingly common method of capturing the circumstances of Indigenous offenders. The approach to the creation and funding of these reports varies drastically between provinces, with some provinces having fully funded programs and others not having any such program at all. Judicial interviews tend to indicate a preference among sentencing judges in favour of Gladue Reports due to their propensity for detailed information about the individual offender. Despite the general favour, empirical studies indicate that there is no clear relationship between Gladue Reports, Indigenous identity and the ultimate sentence received by an offender. This paper provides a comprehensive review of studies relating to the efficacy of Gladue Reports in the sentencing to provide greater insight into whether these reports are sufficiently addressing the legislative intention of section 718.2(e): reducing the judiciary’s reliance on custodial sentences for Indigenous offenders.