Module 3: Gladue Sentencing Principles

In this module you will learn and understand:

• How the Gladue Principles work together to achieve restorative justice.
• The historical traumatic experiences of Aboriginal peoples and how this causes present-day trauma.
• How these historical and contemporary traumatic experiences are blocking Aboriginal peoples access to the Justice system.
• How to determine, and then on behalf of Aboriginal Offenders express the relevance of these experiences in sentencing submissions to the courts.

As we discussed in the last module, you do not have to present evidence to any court to prove historical disadvantage by Aboriginal People, the courts take judicial notice of historical disadvantage.

The historical and present-day trauma experiences of Aboriginal peoples really is the key to why Aboriginal people are regarded different via s. 718(2)(e), and it begins with understanding the way in which "colonialism" has created trauma to Aboriginal Peoples.

Remember, when considering Gladue Principles, a key task is how you determine and report the individual trauma the Aboriginal Offender before the court has experienced, and how it impacts on considerations and determination of a sentence that fits that individual?