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

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