Colonialism

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

 The Supreme Court of Canada in R vs Ipeelee sought to bring clarification from a justice perspective in stating:

The methodology set out by this Court in Gladue is designed to focus on those unique circumstances of an Aboriginal offender which could reasonably and justifiably impact on the sentence imposed. Gladue directs sentencing judges to consider: (1) the unique systemic and background factors which may have played a part in bringing the particular Aboriginal offender before the courts; and (2) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular Aboriginal heritage or connection. Both sets of circumstances bear on the ultimate question of what is a fit and proper sentence.                                                                R vs IPEELEE   2012