Problems getting Indigenous offender sentencing reports is 'a huge problem,' says criminal lawyer.
Indigenous B.C. criminal case defendants continue to face challenges to their right to specific pre-sentencing reports as the system providing them continues to struggle with high demand, lack of writers and cash problems.
“The absence of Gladue considerations can negatively impact the sentencing of Indigenous individuals, as they provide critical context about the offender's background, including systemic and personal factors that may have contributed to their involvement in the criminal justice system,” Asits'amniyaak said.“A Gladue report could make the difference between a discharge and a criminal record,” he said.
“The Gladue decision mandates that courts consider the unique circumstances of Indigenous offenders during sentencing,” Asits'amniyaak said, noting unmet requests for a Gladue letter or Gladue report undermine the intent of the Gladue decision to ensure fair and culturally informed sentences for Indigenous people.
What is a Gladue letter? “A Gladue letter is a condensed Gladue report. It helps to mitigate trauma, as our writers do not conduct extensive interviews with clients and interview subjects that may re-traumatize them when the liberty risks to the client are minimal,” Asits'amniyaak said of the letters originally developed by Toronto’s Aboriginal Legal Services.
Are people being sentenced without Gladue reports? The council said no request for a Gladue report has been declined. “This move is part of ongoing work to restore Indigenous justice systems and improve our current system to better support Indigenous communities,” the ministry said. Demand still exceeds capacity Asits'amniyaak told Glacier Meida demand still exceeds supply and capacity.
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