Where systemic discrimination affects the whole community, how should it factor into criminal sentencing?
Since the Supreme Court’s 1999 Gladue decision, sentencing judges in Canada are supposed to consider the “unique systemic or background factors” that bring Indigenous people in contact with the law. The idea is to reduce Indigenous overincarceration and promote alternative sanctions. But how does this work in a place like Nunavut, where the trauma of colonialism affects just about everyone, and scarce infrastructure exists for non-carceral penalties? In cases of gender-based violence, in particular, are Inuit women being sacrificed on “the altar of reconciliation?”
After a career in criminal law as both a prosecutor and defence counsel, Neil Sharkey spent 15 years as a judge, including eight as Nunavut’s Chief Justice. Qajaq Robinson is a Nunavummiuq human rights lawyer and workplace investigator who served as a commissioner on the National Inquiry into Missing and Murdered Indigenous Women and Girls. In the inquiry’s final report, Call to Action 5.17 urged a thorough evaluation of Gladue principles as they relate to violence against Indigenous women, girls, and 2SLGBTQQIA people.
Verdicts & Voices is a legal current affairs podcast presented by the Canadian Bar Association. With her retinue of expert guests, host Alison Crawford keeps listeners up to date on news, views, and stories about the law and the justice system in Canada.
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