Indigenous people are the most over-represented population in Canada’s criminal justice system. Their experiences within the system are interwoven with issues of colonialism and discrimination. Indigenous People and the Criminal Justice System takes an expansive view of these issues and their impact to give lawyers and judges the knowledge necessary for a deeper understanding of this area of the law.
Author Jonathan Rudin provides a practical review of leading case law and day-to-day considerations for practitioners who are working with Indigenous clients. A host of key topics are explored, including but not limited to, major inquiries and cases, Indigenous courts, Aboriginal justice programs, and the challenges surrounding sentencing circles. The text also features a chapter on the evolution of the Gladue principles, highlighting how they extend beyond sentencing to many other functions of the justice system such as bail, corrections, and parole.
Practitioners using this guide will be equipped with invaluable tools and information designed to help them navigate cases involving Indigenous people within the Canadian criminal justice system.
- Foreword by The Honourable Harry S. LaForme, Ontario Court of Appeal
- Discusses Indigenous courts, including those that have developed from s 107 of the Indian Act and Indigenous courts within the provincial/territorial court system
- Provides insight into working with Indigenous clients, including how to ask about Indigenous identity
- Features discussion of Gladue reports and their proper use, including what to do if they are not available in your region
- Includes best practices for counsel and members of the judiciary