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, winner of the 2019 Walter Owen Book Prize, takes an expansive view of these issues and their impact to give students 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 future legal professionals who will be 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.

Students 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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• 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
• Foreword by The Honourable Harry S. LaForme, Ontario Court of Appeal

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