Indigenous People and the Criminal Justice System, 3rd Edition

Foreword by the Honourable Harry S. LaForme, former Justice of the Ontario Court of Appeal.

Includes a sample Mock Gladue Report.

Practical strategies for mitigating systemic discrimination against Indigenous people within Canada's criminal justice system.

"Best practices" sections for counsel and members of the judiciary.

Significant updates to Gladue and Sentencing Chapter with recent case law, including:

• Indigenous self-identification (R v Legault) and consideration of the types of sentencing procedures.

• Sentencing procedures that may be appropriate in light of an individual's systemic and background factors (R v Macintyre-Syrette), including how dislocation from one's Indigenous community should be treated as a factor (R v Kehoe, R v Clement, and R v Hamer).

• Updated treatment of joint sentencing submissions (Nowkawalk v R).

• Sentencing ranges and proportionality (R v Parranto).

• Sealing Gladue Reports (R v Obed).

• New cases on Gladue principles in the trial context, including expanded coverage of Fetal Alcohol Spectrum Disorder (FASD), and new material on conditional sentences with representative case law.

• New material on sentencing circles in the context of intimate partner violence with cases addressing whether it is appropriate to hold a sentencing circle (R v Ryan Andrews).

Up-to-date coverage of major commissions and inquiries, including the 2019 Final Reports by the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: Listening, Reconciliation and Progress, and more.

Discussion on the three major Supreme Court cases addressing Indigenous people and the criminal justice system—Williams, Gladue, and Ipeelee.