Gladue Principles

ABORIGINAL PEOPLE HAVE A RIGHT TO THEIR OWN CULTURES... CULTURE IS MORE THAN VALUES, TRADITIONS OR CUSTOMARY PRACTICES OF ABORIGINAL PEOPLE. CULTURE IS ALSO THE LAWS, CUSTOMARY OR CONTEMPORARY, OF THE PEOPLE WHO BELONG TO A DISTINCT SOCIETY. CULTURE IS THE SOCIAL AND POLITICAL ORGANIZATION OF THE PEOPLE WHO CONSTITUTE A DISTINCT SOCIETY. CULTURE ALSO I INCLUDES THE ADMINISTRATION OF JUSTICE AS A FUNDAMENTAL COMPONENT OF EVERY ORGANIZED SOCIETY. THE RIGHT OF ABORIGINAL PEOPLE TO CONTROL THEIR OWN PACE AND DIRECTION OF DEVELOPMENT MUST BE RETAINED. THE USE OF ABORIGINAL SOCIAL AND CULTURAL INSTITUTIONS, SUCH AS THE ABORIGINAL FAMILY AND THE ROLE OF ELDERS IN MAINTAINING PEACE AND GOOD ORDER IN THEIR COMMUNITIES AND IN TRANSMITTING KNOWLEDGE ABOUT ACCEPTABLE AND UNACCEPTABLE BEHAVIOUR IS, WE BELIEVE, THE PROPER ROAD TO ABORIGINAL RECOVERY AND DEVELOPMENT, IT IS WRONG, IN OUR VIEW, SIMPLY TO MAINTAIN THE STATUS QUO ON THE ASSUMPTION THAT EVENTUALLY ABORIGINAL PEOPLE WILL LEARN TO ACCEPT THE JUSTICE SYSTEM AS IT PRESENTLYOver EXISTS... the past two IT decades IS WRONG Canadian TO courts ASSUME have repeatedly THAT CHANGES TO THE EXISTING SYSTEM WILL ENABLE IT TO PROVIDE FULLY ADEQUATE SERVICES TO ABORIGINALacknowledged PEOPLE. that TO Indigenous THINK individualsIN THIS andMANNER collectives IS TO IGNORE THE IMPACT OF THE PAST HUMAN EXPERIENCE OF ABORIGINAL PEOPLE. THEIR SELF-DETERMINATIONface systemic HASdiscrimination BEEN DENIEDthroughout AND the criminal SUPPRESSED, justice SOCIAL DISORGANIZATION HAS BEEN THE CONSEQUENCE, AND THEY ARE UNABLE TO ACCEPT THE system.‘WHITE The MAN’S system’s SOLUTION’ disproportionate AND adverse LONGER. impacts WHEN on SENTENCING AN ABORIGINAL OFFENDER, COURTS MUST TAKE JUDICIAL NOTICE OF SUCH Indigenous peoples have also been thoroughly studied and MATTERS AS THE HISTORY OF COLONIALISM, DISPLACEMENT, AND RESIDENTIALThe SCHOOLS AND HOW THAT HISTORY CONTINUES TO TRANSLATE INTO documented for over half a century. Indigenous individuals LOWER EDUCATIONAL ATTAINMENT, LOWER INCOMES, HIGHER UNEMPLOYMENT, HIGHER RATES OF SUBSTANCE ABUSE AND SUICIDE, AND OF COURSE are over-represented among those charged, convicted, and HIGHER LEVELS OF INCARCERATION OF ABORIGINAL PEOPLES... ...RESPONDING TO THE HISTORICAL ROOTS OF ABORIGINAL CRIME AND SOCIAL sentenced to prison, as well as those who are victims of PRINCIPLES GLADUE DISORDER POINTScrime. Among DIRECTLY other disparities, TO THE Indigenous NEED individualsTO HEAL are RELATIONSHIPS BOTH INTERNALLY WITHIN ABORIGINAL PEOPLES AND COMMUNITIES AND EXTERNALLY moreBETWEEN likely to beABORIGINAL denied parole, spendAND aNON-ABORIGINAL disproportionate PEOPLE... THE RELATIONSHIP OF COLONIALISM PROVIDES ABORIGINAL PEOPLE HAVE A RIGHT TO THEIRamount OWN of time CULTURES... in segregation, CULTUREand are less likelyIS MORE to receive THAN VALUES, TRADITIONS OR CUSTOMARY PRACTICES OF ABORIGINAL PEOPLE. CULTURE IS ALSO THE LAWS,community-based CUSTOMARY sentences. OR CONTEMPORARY, At the same time, the criminalOF THE PEOPLE WHO BELONG TO A DISTINCT SOCIETY. CULTURE IS THE SOCIAL AND POLITICAL justice system has often marginalized the legal responses of ORGANIZATION OF THE PEOPLE WHO CONSTITUTE A DISTINCT SOCIETY. CULTUREThe ALSO I INCLUDES THE ADMINISTRATION OF JUSTICE AS A Indigenous collectives to wrongdoing among their members. FUNDAMENTAL COMPONENT OF EVERY ORGANIZED SOCIETY. THE RIGHT OF ABORIGINAL PEOPLE TO CONTROL THEIR OWN PACE AND DIRECTION OF DEVELOPMENTThese MUST systemic BE RETAINED.issues require systemicTHE USE responses. OF ABORIGINAL On April SOCIAL AND CULTURAL INSTITUTIONS, SUCH AS THE ABORIGINAL FAMILY AND THE ROLE 23, 1999, the Supreme Court of Canada provided one such OF ELDERS IN MAINTAINING PEACE AND GOOD ORDER IN THEIR COMMUNITIES AND IN TRANSMITTING KNOWLEDGE ABOUT ACCEPTABLE AND response in its decision in UNACCEPTABLE BEHAVIOUR IS, WE BELIEVE, THE PROPER ROAD TO ABORIGINAL RECOVERY AND DEVELOPMENT, IT IS WRONG, IN OUR VIEW, SIMPLY open-ended framework to address this crisis of legitimacy TO MAINTAINand THE outcomes STATUS in the QUO sentencing ONR v Gladue THEof Indigenous ,ASSUMPTION articulating persons. a broad, TheTHAT EVENTUALLY ABORIGINAL PEOPLEGLADUE WILL LEARN TO ACCEPT THE JUSTICE SYSTEM AS IT PRESENTLY EXISTS...Gladue decision’s IT IS main WRONG principles TO have ASSUME since been THAT extended CHANGES TO THE EXISTING SYSTEM WILL ENABLE IT TO PROVIDE FULLY ADEQUATE SERVICES TO ABORIGINAL toPEOPLE. various other TO facetsTHINK of theIN criminal THIS MANNERjustice system. IS AtTO the IGNORE THE IMPACT OF THE PAST HUMAN EXPERIENCE OF ABORIGINAL PEOPLE. THEIR SELF- DETERMINATIONdirection HAS of BEENthe BC FirstDENIED Nations AND Justice SUPPRESSED, Council, this book SOCIAL DISORGANIZATION HAS BEEN THE CONSEQUENCE, AND THEY ARE UNABLE TO ACCEPT THE ‘WHITE MAN’Ssynthesizes SOLUTION’ the hundreds AND of cases LONGER. that expand WHEN on these SENTENCING AN ABORIGINAL OFFENDER, COURTS MUST TAKE JUDICIAL NOTICE OF SUCH MATTERS principles to provide readily accessible guidance to all AS THE HISTORY OF COLONIALISM, DISPLACEMENT, AND RESIDENTIAL SCHOOLS AND HOW THAT HISTORY CONTINUES TO TRANSLATE INTO LOWER those involved in their practical implementation. PRINCIPLES EDUCATIONAL ATTAINMENT, LOWER INCOMES, HIGHER UNEMPLOYMENT, HIGHER RATES OFA GUIDESUBSTANCE TO ABUSE THE AND JURISPRUDENCE SUICIDE, AND OF COURSE HIGHER LEVELS OF INCARCERATIONBENJAMIN A. RALSTON OF ABORIGINAL PEOPLES... ...RESPONDING TO THE HISTORICAL ROOTS OF ABORIGINAL CRIME AND SOCIAL DISORDER POINTS DIRECTLY TO THE NEED TO HEAL RELATIONSHIPS BOTH INTERNALLY WITHIN ABORIGINAL PEOPLES AND COMMUNITIES AND EXTERNALLY Benjamin received his JD from BETWEEN ABORIGINALthe University of BritishAND ColumbiaNON-ABORIGINAL PEOPLE... THE RELATIONSHIP OF COLONIALISM PROVIDES ABORIGINAL PEOPLE HAVE A RIGHT TO THEIR JURISPRUDENCE OWN CULTURES...(2010) and CULTURE his LLM from ISthe MORE THAN VALUES, TRADITIONS OR CUSTOMARY THE TO GUIDE A PRACTICES OF ABORIGINAL PEOPLE. CULTURE IS ALSO THE LAWS, University of Otago in New Benjamin was first called to the CUSTOMARY ZealandOR CONTEMPORARY, (2014). He is currently OF BritishTHE Columbia PEOPLE bar inWHO 2011 and BELONG he TO A DISTINCT SOCIETY. CULTURE IS THE SOCIAL AND POLITICAL ORGANIZATION OF transferred to the Saskatchewan THE PEOPLE completingWHO CONSTITUTE a PhD in Law at A DISTINCT SOCIETY. CULTURE ALSO I INCLUDES THE ADMINISTRATION OF JUSTICE AS A FUNDAMENTAL COMPONENT the University of Saskatchewan bar in 2015. He has been involved OF EVERY ORGANIZEDCollege of Law in SOCIETY.Saskatoon THEin theRIGHT implementation OF ABORIGINAL of the PEOPLE TO CONTROL THEIR OWN PACE AND DIRECTION OF DEVELOPMENT MUST BE RETAINED. THEwhere USEhe has beenOF teachingABORIGINAL Gladue SOCIAL principles ANDsince 2014 CULTURAL INSTITUTIONS, SUCH AS THE ABORIGINAL FAMILY AND THE ROLE OF ELDERS IN continuously since 2015. He has when he began assisting as an MAINTAININGalso PEACE taught in theAND University GOOD of ORDEReditor and IN co-author THEIR for COMMUNITIES AND IN TRANSMITTING KNOWLEDGE ABOUT ACCEPTABLE AND UNACCEPTABLE BEHAVIOUR IS,Saskatchewan’s WE BELIEVE, Nunavut LawTHE PROPERreports inROAD Saskatchewan TO ABORIGINAL as part of RECOVERY AND DEVELOPMENT, IT IS WRONG, IN OUR VIEW, SIMPLY TO MAINTAIN THE Program and Kanawayihetaytan a pilot project. Since then heGladue has STATUS QUO AskiyON landTHE governance ASSUMPTION program. THATauthored EVENTUALLY several publications ABORIGINAL in PEOPLE WILL LEARN TO ACCEPT THE JUSTICE SYSTEM AS IT PRESENTLY EXISTS... IT IS WRONG TO ASSUME THAT CHANGESthis area, TO including THE theEXISTING Indigenous SYSTEM WILL ENABLE IT TO PROVIDE FULLY ADEQUATE SERVICES TO ABORIGINAL PEOPLE. Law Centre’s TO THINK IN THIS MANNER IS TO IGNOREProject: Final THE ReportGladue IMPACT (2020). Awareness OF THE PAST HUMAN EXPERIENCE OF ABORIGINAL PEOPLE. THEIR SELF-DETERMINATION HAS BEEN DENIED AND SUPPRESSED, SOCIAL DISORGANIZATION HAS BEEN THE A. BENJAMIN CONSEQUENCE, AND THEY ARE UNABLE TO ACCEPT THE ‘WHITE MAN’S SOLUTION’ AND LONGER. WHEN SENTENCING AN ABORIGINAL OFFENDER,RALSTON COURTS MUST TAKE JUDICIAL NOTICE OF SUCH MATTERS AS THE HISTORY OF COLONIALISM, DISPLACEMENT, AND RESIDENTIAL SCHOOLS AND HOW THAT HISTORY CONTINUES TO TRANSLATE INTO LOWER EDUCATIONAL ATTAINMENT, LOWER INCOMES, HIGHER UNEMPLOYMENT, HIGHER RATES OF SUBSTANCE ABUSE AND SUICIDE, AND OF COURSE HIGHER LEVELS OF INCARCERATION OF ABORIGINAL PEOPLES... ...RESPONDING TO THE HISTORICAL ROOTS OF ABORIGINAL CRIME AND SOCIAL DISORDER POINTS DIRECTLY TO THE NEED TO HEAL RELATIONSHIPS BOTH INTERNALLY WITHIN ABORIGINAL PEOPLES AND COMMUNITIES AND EXTERNALLY BETWEEN ABORIGINAL AND NON-ABORIGINAL PEOPLE... THE RELATIONSHIP OF COLONIALISM PROVIDES ABORIGINAL PEOPLE HAVE A RIGHT TO THEIR OWN CULTURES... CULTURE IS MORE THAN VALUES, TRADITIONS OR CUSTOMARY PRACTICES OF ABORIGINAL PEOPLE. CULTURE IS ALSO THE LAWS, CUSTOMARY OR CONTEMPORARY, OF THE PEOPLE WHO BELONG TO A DISTINCT SOCIETY. CULTUREBENJAMIN IS THE SOCIAL AND POLITICAL A. ORGANIZATION OF THE PEOPLE WHO CONSTITUTE A DISTINCT SOCIETY. CULTURE ALSO I INCLUDES THE ADMINISTRATION OF JUSTICE AS A FUNDAMENTAL COMPONENT OF EVERY ORGANIZED SOCIETY. THE RIGHT OF ABORIGINAL PEOPLE TO CONTROL THEIR OWN PACERALSTON AND DIRECTION OF DEVELOPMENT MUST BE RETAINED. THE USE OF ABORIGINAL SOCIAL AND CULTURAL INSTITUTIONS, SUCH AS THE ABORIGINAL FAMILY AND THE ROLE OF ELDERS IN MAINTAINING PEACE AND GOOD ORDER IN THEIR COMMUNITIES AND IN TRANSMITTING KNOWLEDGE ABOUT ACCEPTABLE AND UNACCEPTABLE BEHAVIOUR IS, WE BELIEVE, THE

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