R. V. Gladue Case Study

Section 718.2e is a section of the Criminal code used to sentence aboriginal offenders. Its main purpose is to make the overrepresentation of aboriginal offending minimal. (Griffiths, 69). This idea was re established during the R.v. Gladue case in 1999 where the judge looked at the background factors that led the offender to commit a crime. Section 718.2e of the Criminal code states that the judge must consider the following:
1) “the unique systemic or background factors that may have contributed to the criminal offending.”
2) “Specific procedure and sanctions (including restorative justice and traditional healing practice).”
A judge when sentencing an aboriginal offender must consider the circumstances that led the offender to commit the crime. A typical place where the background factors lead a person to commit a crime is Africa. In Africa, most people commit crimes as a result of severe poverty, lack of employment opportunities and lack of formal education. Most African are not born with silver spoon in their mouth and due to the hardship in Africa, we see people committing crimes such as robbery in order to survive. Chapter 14 of the textbook explains the life style of a person in an Aboriginal community. After colonization, the aboriginal people were

extremely poor which explains why crimes were committed, they lack formal education because more than half of the community did not graduate from high school and as a result, they were not knowledgeable enough to know committing a crime will warrant severe punishment . Because it not only impact the offender who will be incarcerated but it also impacts the victim and the community. Also, the rate of unemployment was high. This ties with poverty because if they don’t have a job, then they cannot feed or provide for their families. Out of frustration, a crime could be committed. Finally, the death rate was high due to the poor health care. Due to the lack of formal education, the number of health care facilities within the community was limited and as a result, people died.
Also a judge who is sentencing an aboriginal offender must also consider “specific procedure and sanctions (including restorative justice and traditional healing practice).” A restorative justice system is them belief that a criminal behaviour not only impacts the victims but also the offender and the society.

Restorative justice system could be in the form of circle sentencing. In this system, all of the parties involved are present which includes: a judge, prosecuting council, defense council, police officer and community resident facing each other in a circle. Though the offender will still be punished, this serve as some form of rehabilitation and reconciliation between the offender and the

victim.
Manasie Ipeelee was an aboriginal offender who had a been as long term offender. “He had a history of committing violence crime and alcohol.” He was then sentenced to imprisonment for six years. During his 10 years’ stint of parole, he committed another crime and was sentenced to incarceration for three years. His first appeal was denied. The Supreme Court of Canada ruled in favour of Ipeelee stating that he had not been treated fairly and that the sentencing judges failed to look at the “principles of Gladue.” As a result, his sentence was court down to one year.
Looking at this case without going into much detail, the public may not agree with the reduced sentence given to the offender due to the fact that he poses a risk to society and the primary responsibility of any judge is