Note
Issued also in French under title: Les pratiques provinciales et territoriales liées à l'arrêt Gladue.
Cover title.
"Research and Statistics Division,
Department of Justice Canada"--Cover.
"2013"--Cover.
Summary
"This study is intended to provide a status report on policies and practices in the provinces and territories that reflect the principles set out in the Supreme Court decision in R. v. Gladue regarding (1) specialized courts for Aboriginal accused; (2) training and awareness activities for judges, probation officers, courtworkers and duty counsel; (3) procedures for sentencing, bail and parole hearings when a case involves an Aboriginal offender; and (4) community justice programs and resources for Aboriginal offenders. A questionnaire was sent to key informants who had been identified in 11 jurisdictions and the Parole Board of Canada. In total, 16 questionnaires were collected. The responses were compiled and analyzed so as to highlight the participants’ opinions on the key challenges, issues and successes that various sectors of the criminal justice system have experienced in dealing with Aboriginal accused/offenders.
It is important to point out that this research is based on the perceptions of the participants and that the results of this research are not to be construed as the official position of the federal, provincial or territorial governments on the issues raised."--Page 1.
Contents
1. Executive summary -- 2. Introduction -- 3. Objective -- 4. Methodology -- 4.1. Participants -- 5. Limits of study -- 6. Results -- 6.1. Specialized courts for Aboriginal accused/offenders -- 6.2. Training for court officials -- 6.2.1. Judges -- 6.2.2. Probation officers, courtworkers and duty counsel -- 6.3. Information for the sentencing court -- 6.3.1. Gladue type information for the sentencing process -- 6.3.1.1. Background of Aboriginal offenders -- 6.3.1.2. Non-custodial measures -- 6.3.2. Recommendations of the Crown and non-custodial measures -- 6.3.3. Formal policies/directives -- 6.3.4. Partnerships -- 6.4. Bail and parole hearings -- 6.4.1. Bail hearings -- 6.4.2. Parole hearings -- 6.5. Other programs -- 6.5.1. Community justice programs/resources -- 6.5.2. Aftercare programs -- 6.5.3. Legal Aid Ontario (LAO) -- 7. Conclusion -- 8. Areas of future justice research -- Appendices --
Information collected about an Aboriginal offender’s background for sentencing procedures, as reported by the participants --
Questionnaire: Gladue practices in the provinces and territories.