Be cautious about rhetoric claiming “non-Indigenous people are abusing #Gladue.”
One recent case circulating online involves someone connected to the #MNO, but they were actually denied #Gladue consideration after being unable to identify a #Nation or community. That outcome shows the process worked
#Pretendian hunting, #self-ID policies, even #Gladue debates all of this ties back to one question:
Who controls the definition of “ #Indigenous”? Us? Or the state that has spent centuries trying to erase us?
This panic lets the state decide who’s “real” enough to be #Indigenous, while ignoring why #Gladue exists: because of #colonial harm and #overincarceration.
People keep talking about “ #Gladue fraud,” but out of thousands of cases, only a few dozen have ever been questioned. That’s not a crisis, that’s a moral panic
We are pleased to announce that the Gladue Submission Guide created by Legal Aid Saskatchewan is now available on CanLII! Many thanks to the team over at LAS for allowing us to republish this important resource for Indigenous people! #gladue #indigenousrights #legalcommentary zurl.co/q1p6Q
This week’s top three summaries: R v Tierney, 2025 ABKB 223: 10(b) SW #delay & overhold, R v Cardinal, 2025 ABCA 128: #principled exception, R v Davis, 2025 BCCA 113: #gladue & s268
#defencetoolkit #legal #CriminalLaw
appeallawyer.ca/the-defence-...
Good clear explanation of the importance & implications of the #Gladue findings: acknowledging (in 1999) that #incarceration is the crisis, not what #Aboriginal people do/don’t do; & (in 2012) that #Indigenous #overepresentation is caused by #colonialism
@JaredSharp2 talking about the need for judicial recognition of #systemic #racism & the ongoing impacts of #colonisation in #Aboriginal & Islander people in #Australia. We are so far behind Canada’s #Gladue recognition. But we do have great models of #IndigenousJustice...
Paula Maurutto talking about her work w @KMoffatHannah analysing #Gladue alternative sentencing reports in understanding #indigenous #women’s #overrepresentation in Canada’s prison #IALMH2019
