Historical Traumas are Complex

While the reasons for historical traumas are complex, recognition of it is a major step towards ensuring access to justice for Aboriginals Peoples. It is thought that once these realities are addressed and self-determination is advanced there will be a reduction in the impact of historical trauma. This is why the Supreme Court of Canada's "judicial notice" to all of the lower Courts in Canada is so important.  

60 Courts have, at times, been hesitant to take judicial notice of the systemic and background factors affecting Aboriginal people in Canadian society (see, e.g., R. v. Laliberte, 2000 SKCA 27 (CanLII), 2000 SKCA 27, 189 Sask. R. 190). To be clear, courts must take judicial notice of such matters as the history of colonialism, displacement, and residential schools and how that history continues to translate into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and of course higher levels of incarceration for Aboriginal peoples. These matters, on their own, do not necessarily justify a different sentence for Aboriginal offenders. Rather, they provide the necessary context for understanding and evaluating the case-specific information presented by counsel.

R vs IPEELEE 2012 SCC13