Criminal Law 4: Indigenous Overrepresentation and Gladue Reports

This criminal law assignment addresses the overrepresentation of Indigenous people in Canadian prisons. The student's work explores the issue, highlighting that while Indigenous people constitute a small percentage of the Canadian population, they are disproportionately represented in the prison system, both as offenders and victims. The assignment discusses the significance of Gladue reports, which provide judges with crucial background information about offenders, aiding in the application of restorative justice principles. It emphasizes the need for reformative and rehabilitative measures for young offenders, going beyond mere conviction to focus on their rehabilitation. The assignment also critiques the implementation of Gladue reports, highlighting the challenges and controversies surrounding their application, including political discontent and concerns about fairness, while referencing relevant sources.

Running head- CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

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Answer to 1
Indigenous people are over-represented in prisons in Canada. Though the percentage
of Indegineos population staying in Canada only consists of 5 percent, but reports show that
most of the indigenous population of the prison in Canada consists of the indigenous people.
They are represented overly in the prisons. They include not only the offenders but also
consist of the victims of the crime against them. The National data on the Indigenous people
includes instances of homicide, victimization, and central and state custody. In the year 2014,
indigenous people of age more than 15 have been reported to be the victims. The statistical
information regarding the aggressive victimization was more than double in regards to the
indigenous people. In the year 2015, it was seen that nearly 90 percent of the people alleged
for homicide were indigenous. Nearly 26% of territorial custody is filled with the indigenous
population. In the centralized rehabilitation homes, Indigenous women consisted of nearly
31% of female admissions to sentenced custody, while Indigenous men consisted of 23% of
admissions (Justice.gc.ca, 2020). With the increasing years, the statistics for the number of
the indigenous population in prison has increased in the present years resulting in
overpopulation in the prisons.
Answer to 2
Gladue reports are essential and necessary as it states the personal circumstance of a
person or the offender and informs about their background to the judges. These reports are
vital as it along with the providing information provides various restorative and retributive
approaches. It signifies that the purpose that needs to be restored in the sentences and convey
them to the judges. It added restitution to sufferers and the communal, and the elevation of
accountability in the wrongdoer together with the customary determinations of

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condemnation, discouragement, departure, and restoration. The accumulation of recuperative
impartiality to the moralities of condemning was meant, in part, to discourse the criminal
impartiality scheme is over-dependence on internment (Milward & Parkes 2015). This
procedure will give a better idea about the condition of the young person, which will be
helpful in the delivery of justice with impartiality and fairness.
Answer to 3
Apart from the conviction, the court shall also focus upon the reformative and the
rehabilitative measures to provide it to the young o9ffenders. These shall work as chances,
and through these reformative practices, they shall get a chance of not repeating the offense
and aim to be a better person. The reports help the jury to understand and analyze the
background of the accused upon which judgment is given (Boudakian 2015). Likewise,
knowing the background shall help the judges in order to the measures that are required to
bring reformation into them. It shall serve as a chance, following which they can overcome
their guilt and be like an average person. As not every crime needs punishment, and various
crimes occur due to poverty or family background. Thus along with the conviction, the court
shall also provide the young offenders with adequate and accurate reformative measures.
These reformation and rehabilitative processes are following the sentencing principles and as
well as serve as the guidelines that honor the history of colonialism.
Answer 4
Although there is the existence of the Gladue reports despite that the prisons
experience a much higher rate of incarceration of the population that is indigenous. The main
problem lies in the execution and the proper implementation of the principles (Rudin, 2016).
The main issue was regarding the fact that when it was enacted by the parliament, there were

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lots of controversies regarding the implementation as it faced much political discontent. It
was criticized as it was biased to the indigenous people and was unfair to the prisoners or the
people who were not indigenous. It was mainly criticized as it was making a difference
between the race and the community that was favoring the indigenous offenders. Not only
that, but it was also criticized as it could not deliver an appropriate judgment that was fair and
impartial. Whereas the criticism by the public stranded in proper equivalence points,
possibly, to the necessity for more edification and material on the notion of functional
fairness on which constitutionally ingrained equality on the base of rights.

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Reference
Boudakian, T. M. (2015). The Voice of the People: Can Gladue Offer a Meaningful Source of
Healing to its Clients? (Doctoral dissertation, Carleton University).
Justice.gc.ca. (2020). 2. Statistical Overview on the Overrepresentation of Indigenous
Persons in the Canadian Correctional System and Legislative Reforms to Address the
Problem - Spotlight on Gladue: Challenges, Experiences, and Possibilities in
Canada’s Criminal Justice System. Retrieved 6 April 2020, from
https://www.justice.gc.ca/eng/rp-pr/jr/gladue/p2.html
Milward, D., & Parkes, D. (2015). Gladue: Beyond myth and towards implementation in
Manitoba. Man. LJ, 35, 84.
Rudin, J. (2016). Aboriginal Over-representation and R. v. Gladue: Where We Were, Where
We Are and Where We Might Be G.