Indigenous People and the Criminal Justice System: A Practitioner's Handbook
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Indigenous People and the Criminal Justice System: A Practitioner's Handbook

Jonathan Rudin
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Winner of the 2019 Walter Owen Book Prize

"Book Prize winners and finalists have produced works that are invaluable to the entire legal community in Canada. We offer our heartfelt congratulations to Mr. Rudin for developing a pivotal guide for practitioners who work with Canada’s Indigenous population."

—Michelle C. Awad, Q.C.
Chair of The Canadian Foundation for Legal Research
Click here to learn more

General Editors: Brian H. Greenspan and Justice Vincenzo Rondinelli

Indigenous people are the most over-represented population in Canada’s criminal justice system. Their experiences within the system are interwoven with issues of colonialism and discrimination. Indigenous People and the Criminal Justice System takes an expansive view of these issues and their impact to give lawyers and judges the knowledge necessary for a deeper understanding of this area of the law.

Author Jonathan Rudin provides a practical review of leading case law and day-to-day considerations for practitioners who are working with Indigenous clients. A host of key topics are explored, including but not limited to, major inquiries and cases, Indigenous courts, Aboriginal justice programs, and the challenges surrounding sentencing circles. The text also features a chapter on the evolution of the Gladue principles, highlighting how they extend beyond sentencing to many other functions of the justice system such as bail, corrections, and parole.

Practitioners using this guide will be equipped with invaluable tools and information designed to help them navigate cases involving Indigenous people within the Canadian criminal justice system.

This text is Volume 7 in Emond's Criminal Law Series.

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  • ISBN/ISSN: 978-1-77255-304-8
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ISBN
978-1-77255-304-8
Page Count
328
Publisher
Emond Publishing
Publication Date
June 2018
Status
Low Stock
Subjects
Aboriginal, First Nations, and Indigenous Peoples; Criminal Law and Procedure; Criminal Law Series
Tags
Higher Education Practice Canadian Law

  • Foreword by The Honourable Harry S. LaForme, Ontario Court of Appeal
  • Discusses Indigenous courts, including those that have developed from s 107 of the Indian Act and Indigenous courts within the provincial/territorial court system
  • Provides insight into working with Indigenous clients, including how to ask about Indigenous identity
  • Features discussion of Gladue reports and their proper use, including what to do if they are not available in your region
  • Includes best practices for counsel and members of the judiciary

Chapter 1: Introduction
Chapter 2: Commissions and Inquiries: Themes and Variations
Chapter 3: Working with Indigenous People in the Legal Context
Chapter 4: The Trilogy: Williams, Gladue, and Ipeelee (and a few others)
Chapter 5: Gladue and Sentencing
Chapter 6: Gladue Beyond Sentencing
Chapter 7: Sentencing Circles
Chapter 8: Indigenous Courts
Appendix A: (Non-Exhaustive) List of Additional Resources on Indigenous Law and Legal Traditions
Appendix B: Mock Gladue Report
Table of Cases
Index
Credits

Excerpt from Chapter 5: Gladue and Sentencing
Excerpt from Chapter 6: Gladue Beyond Sentencing

"Often we say that truth is stranger than fiction, in the case of this practitioner’s handbook, we can say that truth, like good fiction, can move us to do great deeds. Although the book can be considered a legal treatise, it shows that the law does not need to speak in code to be understood. It is a book which I will keep on my shelves and unreservedly recommend to any future or present legal practitioner. It is a book for sharing and for shared dialogue on what we can do in our profession to right the wrongs of the past. Most of all, however, it is a book offering the promise of a better future for Indigenous justice to be read and fulfilled by us all."

Read the full review here.

—Lisa Silver, Assistant Professor, University of Calgary, Faculty of Law
Excerpt from Ideablawg

"Jonathan Rudin is a true authority in the area. This is an important book for all those working in criminal law, and valuable reading for defence, Crowns, and judges."

—Sherri Davis-Barron, Crown Counsel with the Public Prosecution Service of Canada,
Author of "Youth and the Criminal Law in Canada"

"Indigenous People and the Criminal Justice System provides a comprehensive background of the evolution of the interaction of Indigenous people with the criminal justice system, while giving practitioners useful and practical tools to better interact and advocate for their clients. Indeed, the book is an important resource for lawyers who are committed not only to reconciliation but to providing competent legal counsel to their Indigenous clients."

Read the full review here.

—Anne-Marie McElroy, Criminal Defence Lawyer
Excerpt from McElroy Blog

"The Handbook serves as an excellent tool, not only for defence counsel, but for anyone in the legal profession who may find themselves working with clients or accused persons that are Indigenous persons. The history of the relationship between the Canadian justice system and Indigenous peoples is both long and complex. However, this Handbook presents the most legally relevant aspects of this history in a way that is both concise and accessible, making it a perfect resource for a busy practitioner seeking a practical, working grasp of the material."

Read the full review here.

—Brayden McDonald, Student Editor, Robson Crim Legal Blog

"[A] great resource for criminal practitioners dealing with Indigenous legal issues in the criminal context. Really informative chapter on Gladue, Williams and Ipeelee."

—Louise Tansey, Criminal Lawyer
Part-time Professor, University of Ottawa, Faculty of Law

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To learn more or to go on subscription, please contact orders@emond.ca or 1-888-837-0815.

Jonathan Rudin is a true authority in the area. This is an important book for all those working in criminal law, and valuable reading for defence, Crowns, and judges.

- Sherri Davis-Barron
Crown Counsel with the Public Prosecution Service of Canada

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