Whitehorse Daily Star

Law society is in favour of Gladue report program

The Law Society of Yukon says reports detailing aboriginal offenders’ backgrounds are “essential” to addressing overrepresentation in the criminal justice system.

By Rhiannon Russell on August 19, 2015

The Law Society of Yukon says reports detailing aboriginal offenders’ backgrounds are “essential” to addressing overrepresentation in the criminal justice system.

The society supports the development of a formalized Gladue report program in the territory, it said in a news release Tuesday.

The Yukon Gladue Research and Resource Identification Project Report, released earlier this month, was put together by a committee made up of the Council of Yukon First Nations, Public Prosecution Service of Canada, territorial Department of Justice, Yukon Legal Services Society, Carcross/Tagish First Nation and Kwanlin Dün First Nation.

It found that the Yukon’s current system for producing these reports, used when sentencing aboriginal offenders to consider Canada’s history of colonialism and the impacts of residential schools, is “unsustainable.”

Since 2010, about 50 such reports have been filed in court, written by two court workers with no formal training, who received no additional pay for producing the time- consuming, all-encompassing documents.

“I think what’s rewarding about it is providing the court with a really clear picture of the accused as a human being,” Mark Stevens, one of the report writers, told the Star late last year.

“You’re looking at every aspect that went into creating the person that’s standing before the judge.”

Stevens is the former justice co-ordinator at the Carcross/Tagish First Nation.

He now works for Kwanlin Dün as a justice support worker and, in addition to his day job, continues to write the reports without any additional funding.

Chantal Genier, former manager of the CYFN’s justice program, no longer writes the reports, leaving a greater void in the territory.

“The current reality in the Yukon is that many aboriginal offenders are still being sentenced with only a superficial summary of their life circumstances and little to no information about community or culturally relevant resources at their disposal,” the report stated.

“Yukon’s comparatively high rate of crime and disproportionately high numbers of aboriginal people in the Yukon justice system do make it a good candidate for such a program.”

Dan Cable, a spokesman for the Department of Justice, told the Star a meeting will be held, likely next month, with the committee that produced the report.

They’ll discuss ways of improving the delivery of Gladue reports in the future, he said.

Gladue is the name of a 1999 Supreme Court of Canada decision that set out sentencing principles for aboriginal offenders, designed as a response to the overrepresentation of aboriginal people in jails across the country.

The decision obligates Canadian judges to take colonialism and systemic racism into account, and the role that history plays in bringing aboriginal people before the courts.

In its release Tuesday, the law society said government resources will be required to address the gaps in the Yukon’s Gladue report system.

Seven Canadian jurisdictions have funded Gladue report programs.

“An approach is required that involves educating the government and the public to develop support for proactive change,” the society’s release stated.

Comments (14)

Up 26 Down 83

Race-Based on Aug 24, 2015 at 7:09 am

Gladue is based on race. In my mind, that makes it racist.

Up 32 Down 97

Groucho d'North on Aug 23, 2015 at 10:28 am

Throughout Ms. Russell’s article she was careful to identify the subjects of this story as offenders. Meaning they are guilty of committing an offence of the laws of the land. Caught, tried and convicted – they are guilty. As I have previously stated, I believe the objectives of the Galdue approach are misguided in that the apparent goal of all this is not to reduce crime and its impacts on Canadians, but rather to reduce the number of indigenous people in Canada’s penal system. Is it to keep up appearances like there is some form of quota system which determines how many offender-prisoners of a particular race there should be in our jail system?
I wonder how many Asian’s there should be? Or Pakistanis and other races which have become citizens of this country and ran afoul of the law? I imagine some reading this are now branding me as a racist. But I want to be clear, the law should apply equally to all regardless of their genetics or their ancestors life-experiences. I don’t consider the ethnicity of the offender in question but rather, what crime did they commit and why? If there is a method to reduce aboriginal Canadians, and all other racial segregations from breaking the law, I’m 100% behind it. However the Gladue process is not that, it is a means to keep first nation offenders out of the prison system and nothing else. Alternate sentencing programs to date have not been measurably effective in getting offenders on the straight and narrow; so what is the net benefit to our Canadian society other than creating a judicial penalty process that favours some based solely on race and is contrary to the Charter of Rights and Freedoms? To coin a phrase: Governments and First Nations need to work on the disease and not the symptoms.

Up 18 Down 101

Josey Wales on Aug 23, 2015 at 8:43 am

Hey Yukon 56...."Justice for all, evenly"
whoaaaaaaa, crazy talk such as that could get you up on YHRT hate crime charges.
Clearly your indoctrination has failed, you must not "do" CBC either?
In regards to a moral life, when folks hear that they hear "church"...and get uneasy.
Treating others as one wished to be treated would say the same thing but without the "church".
My indoctrination failed too, they did try hard when I was a lil' Josey though.
They still try, but pissing in a strong wind they are...those social justice warriors.
I absolutely LOATHE the concept of Gladue...can you tell?
Funny thing the Gladue Kangaroos & the victim industry loathe folks as I...whose public school/socialist Canada indoctrination efforts clearly have failed too.

Up 59 Down 15

YTer on Aug 22, 2015 at 9:46 pm

News flash!
Dinosaurs thought extinct found alive, well, and commenting in the Whitehorse Star!

Up 33 Down 83

June Jackson on Aug 22, 2015 at 3:07 pm

Josey.. you are about as tactful as Donald Trump.. but.. like the Donald, you seem to be pushing 'political correctness' aside and getting at the truth. You spoke rightly.

Gladue is merely a way for people not to have to take responsibility for their actions, a venue through which they can continue to blame someone else for their failures.

One of my now best friends, we're both old ladies now, but when I first met her she was a falling down drunk with puke on her shirt sitting up against the old Food Fair wall with a bottle. We met off and on over 25 years.. One day she was different.. long story short? One day she didn't want to be that person anymore, got help and lives her life clean now.

As long as people want to be who they are, doing what they do, Gladue reports, family interventions, circle sentencing.. it doesn't matter.. they can not be helped.

I think society should throw every resource we have at someone who wants help.. let the rest go to jail, sit up against a wall drunk, beg for cart dollars, eat at Sally Ann and be as happy as they can be in their circumstance.

Up 46 Down 209

Josey Wales on Aug 22, 2015 at 10:06 am

But yes of course, "Gladue"...as the cultural elites are the only group EVER to have experienced hardships.
Yup no jews in Canada, no poles, nobody here from the ivory coast, Filipino's were killed and tortured during japan's occupation...why no hammered and violent Filipinos loitering about?
Yup no one else at all has a reason to be cranky...'cept the poor natives?
Funny that 70 years ago Japan was radioactive dust & its people completely demoralized....eastern Europe, Germany in particular was pocked with bomb craters as the ovens were abandoned, cooling and various humans were piled up like cord wood.
Even funnier than that as in odd NOT ha, Japan and its people dominated the factories, stock markets, owned a good part of USA?
Germany well they too did and DO dominate Europe's economy supporting near the whole region.
....and here in Canada? We get Gladue enabling to have others used for stabbing/beating/killing practice. Still wailing about the kings men 300 years ago?
What next Syria as the next center of commerce and healing...whilst we in Canada will STILL be hearing about the kings men and "whitey" which clearly have been confused as each other...they are not!

Up 18 Down 77

yukon56 on Aug 21, 2015 at 9:53 pm

How can Living a moral Life get thumbs down??

Up 77 Down 18

Reports only gives info but no solutions on Aug 21, 2015 at 4:16 pm

There have been many Gladue reports written and presented in Yukon courts. There certainly is value in the information but what is the outcome of that info on rehabilitation. Often the report equates to a lesser or more empathic sentence but it does not provide for equal community safety. I agree the judge needs to appreciate the background of the FN offender but how does the judgement, sentence and conditions help that offender with making change, getting healthy, not revictimizing society and keeping the community safer. Write the reports but please ensure there are programs, family, FN there to also support the offender. Otherwise it is simply a get out of jail quicker card...

Up 29 Down 89

Yukon 56 on Aug 20, 2015 at 9:33 pm

I wonder what the stats of reoccurrence of incarcerated criminals released with reduced sentences from a Gladue recommendation are. I can think of 3 recent reoffenders, we all need to be concerned

Up 22 Down 92

Yukon 56 on Aug 20, 2015 at 7:33 pm

Live a moral life and there are no issues

Up 20 Down 105

FCO on Aug 20, 2015 at 2:43 pm

The two supposed "Court Workers" who have no training is not true. These 2 individuals have been trained and are qualified Gladue report writers. Obviously, some First Nations need to get on board with the training and there should be at least one person from each FN that can write these reports for their people. Justice programs or lack there of are absent or not sufficiently run in some First Nations and we wonder why the aboriginal population is over represented in WCC.

Up 91 Down 229

north_of_60 on Aug 19, 2015 at 4:58 pm

The racist, two-tiered, catch-&-release, just-us business makes excuses for a lack of personal responsibility, and gets criminals back on the street where they’re sure to re-offend and make more work for taxpayer funded lawyers. What a lucrative scam.

Up 75 Down 242

Yukon 56 on Aug 19, 2015 at 3:09 pm

Justice for all, evenly

Up 18 Down 141

Yukon 56 on Aug 19, 2015 at 3:08 pm

"Since 2010, about 50 such reports have been filed in court, written by two court workers with no formal training, who received no additional pay for producing the time- consuming, all-encompassing documents."
Surely this cannot be correct. We are handcuffing our courts on reports written in this manner. What a crock.

Add your comments or reply via Twitter @whitehorsestar

In order to encourage thoughtful and responsible discussion, website comments will not be visible until a moderator approves them. Please add comments judiciously and refrain from maligning any individual or institution. Read about our user comment and privacy policies.

Your name and email address are required before your comment is posted. Otherwise, your comment will not be posted.