Anyone heard of "Gladue" factors?

[eMeM]

http://www.cbc.ca/m/touch/canada/saskat ... /1.2867329

"The teenage passenger of a stolen vehicle pleaded guilty this morning to five counts connected to a fatal crash earlier this year in Saskatoon.

The court heard that the 18-year-old woman, who was 17 years old at the time of the crash, encouraged the driver of the vehicle not to stop when police pursued. 

Cheyann Peeteetuce was driving a stolen truck when the crash happened in the early evening of May 5 at 22nd Street West and Avenue M.

Police said the sequence of events started when an officer spotted a green 1997 Chevy pick-up that had been reported stolen. The owner had left his keys in the truck.

The officer followed that truck for a few blocks and then turned on the emergency lights. Eighteen seconds later, the truck smashed into the side of a Malibu travelling eastbound on 22nd Street towards the downtown. 


Fatal crash scene Monday night. (CBC)

The car was carrying three students from Bethlehem High School who were on the their way to track practice. J.P. Haughey, 17, and his front seat passenger, Sarah Wensley, 17, were killed. A 16-year-old girl in the backseat suffered serious injuries but survived. 

The families of Haughey and Wensley were in court this morning.

Haughey's family was separated from the teen by a pane of glass in the prisoner's box, and they sobbed quietly as soon as she was led into the courtroom.

Judge Albert Lavoie ordered an intensive pre-sentence report with an emphasis on canvassing the personal circumstances of the teen, programming opportunities and so-called Gladue factors that would speak to her background and upbringing.

She's back in court January 8."

This is the first I've ever heard of the 
 Gladue factor. Curious, I turned to google. Here's what I found:

http://www.duhaime.org/LegalDictionary/ ... ights.aspx

My phone won't let me cut and paste so please do your due diligence and read the link provided. But suffice it to say this " ambitious and controversial, judiciously manufactured and judiciously sanctioned affirmative action, or reverse discrimination doctrine based on a 1999 supreme court of Canada decision, R vs Gladue which purports to extend to aboriginal Canadians where facing sentencing in Canadian courts and available only to aboriginal Canadians and to no other member of a social or cultural group within Canada, special consideration based upon the alleged unique circumstances of aboriginal people in Canada..."
It goes on and I encourage anyone who's interested to read further. This is quite an eye opener for me. At first glance I was stunned. I've read this a few times and I still fall into a category that could easily be defined as "stupefied". Seriously. I'm certainly not at a loss for thoughts going through my meager mind right now. My mind is literally reeling at this. Special consideration for ones upbringing? Their crappy circumstance?  Well, I could tell ya a few stories. I'm not trying to make light of the plight of marginalized people, please understand that. If anything I'd like to see some equality when we're doling out sentences. Just take a look at the list of considerations for an aboriginal to justify becoming a menace to society:
http://www.justiceeducation.ca/research ... is/factors

Gladue Background Cultural Impact Factors

*Substance abuse; personally, in the immediate family, extended family and community
*Poverty; as a child, as an adult, offender's family, or community
*Overt/Covert racism; in the community, by family members, strangers, school or workplace
*Family (divorce, born out of wedlock) or community breakdown
*Abuse: sexual, emotional, verbal, physical, and spiritual
*Who was the perpetrator: stranger, family member, authority figure, friend
*Witnessing violence; spousal, family, community
*Unemployment, low income, lack of employment opportunity
*Lack of educational opportunities
Dislocation from an Aboriginal community, loneliness and community fragmentation
*Loss of identity, culture, ancestral knowledge
*Foster care or adoption: at what age, for how long, was the foster/adopted family non-Aboriginal?
*Family involvement in the criminal environment
*Has the offender or family members attended residential school?  If so, where, how many years, how were they treated, how long were they denied family contact?
*What are the main social issues affecting the offender's home/original community?
How has the offender's family/community addressed those issues?
*How has the offender, offender's family, and the community been affected by economic conditions?
*What is the quality of the offender's relationship with family, extended family, community?
*Who comprise the offender's support network: spiritual, cultural, family, community
*What culturally relevant or mainstream healing resources are available to the offender?
*What culturally relevant alternatives to incarceration can be set in place that are healing for the offender and all others involved, including the community as a whole?
Source: Lang, S. “Reasons for Independent Background Cultural Impact Reports based on the Supreme Court of Canada Decision R. v. Gladue for Pre-Sentencing of an Aboriginal Offender”. Dakota West Consulting;

I hope no one expects me to go point by point to make my case. I'm assuming you all (regardless of your lot in life) can relate to one or more points in the above list. Does that make everyone exempt of their crimes? I guess not. According to this "law" only aboriginals get special consideration. 
Pardon me, but EF that.  There are plenty of other marginalized kids in Canada that could check off several of the above "qualifiers". Should they be exempt of their crimes too?
This judge had better be careful. A precedent has already been set but it's a slippery slope. I can identify with more than one point on that list so if they're giving away "get out of jail free" cards because your parents were messed up and you didn't have a sense of community then I just might ditch my job and take up selling crack. After all it's much more lucrative and "I couldn't help myself" because my formative years were crap.  What a crock. Just my opinion though ;)

[eMeM]

.

[A_Britishcolumbian]

i would think anyone that anyone that has ever heard of Robert Dziekanski and his killer Monty Robinson has heard of or is aware of Gladue.

Native leader decries lenient sentence for ex-Mountie
ROD MICKLEBURGH
VANCOUVER — The Globe and Mail
Published Sunday, Jul. 29 2012

A prominent B.C. native leader says disgraced ex-RCMP officer Monty Robinson should have gone to jail, and he’s concerned that public outrage over the seemingly lenient sentence may lead to a backlash against the principle of aboriginals receiving less time in custody than other offenders.

In handing Mr. Robinson a year’s conditional sentence, including a month of house arrest, for obstruction of justice, B.C. Supreme Court Justice Janice Dillon said the former Mountie’s aboriginal status was a factor in her decision not to send him to prison. Under the so-called Gladue principle, courts are required to provide distinct treatment for aboriginals.

But Union of B.C. Indian Chiefs president Stewart Phillip, an outspoken advocate of native rights and aboriginal land claims, said Sunday he believes it was inappropriate for the judge to take Mr. Robinson’s background into account.

Grand Chief Phillip said he supports the Gladue principle. However, it should be applied only in circumstances where an aboriginal offender has suffered significant trauma growing up, he contended. It should not be automatic.

As an officer of the RCMP, Mr. Robinson had a higher duty to uphold the law and safeguard public safety, Grand Chief Phillip said.

“When he joined the RCMP, he took an oath, and I believe he pretty much thumbed his nose at the very system he swore to uphold. It really upsets me that Mr. Robinson was given due consideration for his aboriginal background.”

Mr. Robinson was convicted of obstruction of justice for leaving the scene of a fatal accident in 2008 to drive home and down two vodkas before returning. The court found he had been hoping to mask the five beers he had consumed earlier. A 21-year old motorcyclist was killed after being struck by Mr. Robinson’s vehicle at an intersection.

Crime analyst Neil Boyd and B.C. Conservative Party Leader John Cummins echoed Grand Chief Phillip’s criticism, as controversy over Mr. Robinson’s avoidance of jail time continued to escalate.

“Aboriginal status should not be a get-out-of-jail-free card,” Mr. Cummins said. “The policy [of lesser sentences] should be used carefully, and with discretion. I think the judge in this case was wrong, I really do.”

Mr. Boyd, a professor with the School of Criminology at Simon Fraser University, agreed that Mr. Robinson should have received time in prison.

Obstruction of justice by a police officer is a very serious charge, he said, adding that someone died in the incident.

“This is not a case where the fact he’s an aboriginal offender should trump the importance of sending a message about police officers engaging in obstruction of justice,” Mr. Boyd said. “Criminal law has an important denunciatory function, and sometimes, that means a jail sentence is appropriate. The Gladue principle doesn’t say you should be spared custody in all circumstances.”

The Supreme Court of Canada endorsed the landmark case involving native offender Jamie Gladue last March, mandating judges to consider alternative sentences for aboriginal offenders because of their cultural oppression growing up.

Grand Chief Phillip said he is worried the Robinson sentencing may jeopardize support for the Gladue principle.

“I support its application when warranted, but this type of careless application could very well contribute to an unfortunate backlash against the original intent,” he said. “I am very concerned about that.”

Given his position, the UBCIC president said he could well have remained silent on the issue. “But I think there are times when you have to rise to the occasion and speak out. Otherwise, this kind of thing is going to continue.”

In an e-mailed statement, B.C. Justice Minister and Attorney General Shirley Bond said the Crown is carefully reviewing the judge’s decision. The Crown asked for a jail sentence of three to nine months for Mr. Robinson, or a conditional sentence of 12 to 18 months.

Mr. Robinson, who had been suspended with pay while facing internal RCMP discipline, resigned from the Mounties last week, just before his sentence hearing began.

The former officer was also the lead Mountie in the 2007 fatal tasering of Polish immigrant Robert Dziekanski at the Vancouver airport. He is facing a charge of perjury over his testimony at an inquiry into Mr. Dziekanski’s death.

http://www.theglobeandmail.com/news/bri ... le4448120/

[mexi cali]

http://www.castanet.net/edition/news-st ... htm#128629

This story on C-net this morning.

This guy has multiple convictions including manslaughter, runs from the police, gets caught and the judge is saying thathis ancestry (metis) needs to be taken into consideration?

Please help me to understand why this is relevant?

The proceedings were then cut short when defence brought up Mader's alleged Metis status.

Previously undocumented by the court, his aboriginal history needed to be considered by the sentencing judge, and the matter has now been delayed.

An excerpt.

[Bsuds]

viewtopic.php?f=27&t=59902

Being discussed here

[mexi cali]

So then natives are not subject to the same laws as we are? Because of cultural issues? Family issues? Substance abuse issues? aren't those issues faced by people of all ethnicity?

[mexi cali]

A prominent B.C. native leader says disgraced ex-RCMP officer Monty Robinson should have gone to jail, and he’s concerned that public outrage over the seemingly lenient sentence may lead to a backlash against the principle of aboriginals receiving less time in custody than other offenders.

In handing Mr. Robinson a year’s conditional sentence, including a month of house arrest, for obstruction of justice, B.C. Supreme Court Justice Janice Dillon said the former Mountie’s aboriginal status was a factor in her decision not to send him to prison. Under the so-called Gladue principle, courts are required to provide distinct treatment for aboriginals.

But Union of B.C. Indian Chiefs president Stewart Phillip, an outspoken advocate of native rights and aboriginal land claims, said Sunday he believes it was inappropriate for the judge to take Mr. Robinson’s background into account.

Grand Chief Phillip said he supports the Gladue principle. However, it should be applied only in circumstances where an aboriginal offender has suffered significant trauma growing up, he contended. It should not be automatic.

As an officer of the RCMP, Mr. Robinson had a higher duty to uphold the law and safeguard public safety, Grand Chief Phillip said.

“When he joined the RCMP, he took an oath, and I believe he pretty much thumbed his nose at the very system he swore to uphold. It really upsets me that Mr. Robinson was given due consideration for his aboriginal background.”

Mr. Robinson was convicted of obstruction of justice for leaving the scene of a fatal accident in 2008 to drive home and down two vodkas before returning. The court found he had been hoping to mask the five beers he had consumed earlier. A 21-year old motorcyclist was killed after being struck by Mr. Robinson’s vehicle at an intersection.

Crime analyst Neil Boyd and B.C. Conservative Party Leader John Cummins echoed Grand Chief Phillip’s criticism, as controversy over Mr. Robinson’s avoidance of jail time continued to escalate.

“Aboriginal status should not be a get-out-of-jail-free card,” Mr. Cummins said. “The policy [of lesser sentences] should be used carefully, and with discretion. I think the judge in this case was wrong, I really do.”

Mr. Boyd, a professor with the School of Criminology at Simon Fraser University, agreed that Mr. Robinson should have received time in prison.

Obstruction of justice by a police officer is a very serious charge, he said, adding that someone died in the incident.

“This is not a case where the fact he’s an aboriginal offender should trump the importance of sending a message about police officers engaging in obstruction of justice,” Mr. Boyd said. “Criminal law has an important denunciatory function, and sometimes, that means a jail sentence is appropriate. The Gladue principle doesn’t say you should be spared custody in all circumstances.”

The Supreme Court of Canada endorsed the landmark case involving native offender Jamie Gladue last March, mandating judges to consider alternative sentences for aboriginal offenders because of their cultural oppression growing up.

Grand Chief Phillip said he is worried the Robinson sentencing may jeopardize support for the Gladue principle.

“I support its application when warranted, but this type of careless application could very well contribute to an unfortunate backlash against the original intent,” he said. “I am very concerned about that.”

Given his position, the UBCIC president said he could well have remained silent on the issue. “But I think there are times when you have to rise to the occasion and speak out. Otherwise, this kind of thing is going to continue.”

In an e-mailed statement, B.C. Justice Minister and Attorney General Shirley Bond said the Crown is carefully reviewing the judge’s decision. The Crown asked for a jail sentence of three to nine months for Mr. Robinson, or a conditional sentence of 12 to 18 months.

Mr. Robinson, who had been suspended with pay while facing internal RCMP discipline, resigned from the Mounties last week, just before his sentence hearing began.

The former officer was also the lead Mountie in the 2007 fatal tasering of Polish immigrant Robert Dziekanski at the Vancouver airport. He is facing a charge of perjury over his testimony at an inquiry into Mr. Dziekanski’s death.

http://www.theglobeandmail.com/news/bri ... le4448120/[/quote]

Please get your facts straight. The incident in your article has nothing to do with what happened at the airport and Mr. Dziekanskis death. And Robinson wasn't the one who ultimately caused his death. He was the senior officer at the scene but Kwisi Millington discharged the tazer.

Read the article you quote. Robinson killed a man on a motorcycle, left the scene and tried to cover up the fact that he was impaired by drinking more after the fact hence the obstruction charge.

[Treblehook]

All you need to know about the "Gladue Factors" is easily found by doing a google search of gladue factors.

[maryjane48]

The disproportionate number of Aboriginal people in custody was consistent across all provinces and territories (Chart 7) and particularly true among female offenders. In 2010/2011, 41% of females (and 25% of males) in sentenced custody were Aboriginal.

http://www.statcan.gc.ca/pub/85-002-x/2012001/article/11715-eng.htm#a7

and yet they still going to jail in high numbers , psst your sides still winning, nothing be mad about , infact natives going to jail is on the rise,

[Smurf]

And what do you think is the reason for that. Could it be that they commit a high number of the crimes????

[the truth]

10/10
how dare you tell the truth,everyone is there own person, if you break the law you go to jail , but people also want to turn this into a race card issue I guess, always the same clowns coming on here pulling the race card

[maryjane48]

lol get a grip the misinformed person that said its not fair brought up the race issue, im just saying, that the facts prove it has no bearing on first nations not doing jail time .and to smurf , were u beat up by first nation person in school?

[Ken7]

And what do you think is the reason for that. Could it be that they commit a high number of the crimes????

Watch this video, take away race and it is the same for all mankind. I feel if you use this reasoning, you will understand what the problem is.

http://www.cnsnews.com/video/national/o ... ce-problem

[mexi cali]

Wow. Loved that. Black and white. No grey. No BS. Spades being called spades.

Thankfully for most I am actually speechless right now.

I will though regroup.

Thanks Ken.

[Smurf]

Lakevixen wrote:

lol get a grip the misinformed person that said its not fair brought up the race issue, im just saying, that the facts prove it has no bearing on first nations not doing jail time .and to smurf , were u beat up by first nation person in school?

Never ever beat up by a first nations person. As I have said in many topics, I have had and still have a number of first nations people as friends, even family members. As a union rep I helped a number of them with work and personal problems. One big factor was they were all hard workers who were trying to better themselves and never committed crimes. Don't remember any of them having any more trouble with the law than the average white person. Actually most of them if not all would agree with me. Like the legal Mexicans in the USA they dislike(d) the members of their community who gave it a bad name by committing crimes and adding to the stats. We actually talked about it on many occasions.