A particular achievement that I am particularly proud of from my placement this week is the report that I wrote on R. v. Gladue. Ms. Fowler is on vacation all this week, so Keshia, another paralegal at Deverett Law Offices, gave me this assignment on Tuesday. This was the first time that I had written any sort of report at this placement. So far, most of my tasks included watching Ms. Fowler compose claims and affidavits, scanning and shredding documents, and going to Small Claims Court. The report was on a landmark Supreme Court case that dealt with the sentencing and rehabilitation of Aboriginals. My report consisted on a summary of the general case, an explanation of the decision that the Supreme Court judges made, and a few examples of
Though Judge Russell never served in the military, the veterans participating in his court system seem to want to make him proud of them. Russell is especially proud of one veteran who is attending college and earned a 97% on an essay he then gifted to Russell. This program has been extremely successful, with a zero recidivism rate from those that have completed the Buffalo program (“Leave no,”
v. Gladue, came the Supreme Court decision that restorative justice is extremely crucial to the justice system in Canada, and that s. 718.2(e) of the Criminal Code applies to Gladue even though she lives off-reserve, because the larger problem present is the disproportionate number of Aboriginals in jail. However, they also say that restorative justice isn’t the only thing that needs to be considered when sentencing aboriginals, and that some crimes are serious enough to deserve traditional punishment and sentencing. In addition, the Supreme Court Judges say that allowing a new trial solely on the basis of her aboriginal status would not be in the public
Champion, D.J. (2009). Leading U.S. supreme court cases in criminal justice: Briefs and key terms. Upper Saddle river, NJ: Prentice Hall.
“However, Aboriginal people still struggle for more than words on paper. They require the enactment of visible justice, where aboriginal people have a pride of place and heritage that can be shared as well as respected.” (king, 2010, p.216).
The investigation of the injustice against minorities in Courtelaney Pass is a serious issue. From the lack of minorities police officers in the department to the minorities receiving most of the tickets given out in Courtelaney Pass. Your investigation has brought this issue to the fore forth and you have a path forward. Although you have new policies put in place, you need to monitor the situation to ensure these issues do not occur again. Good luck with your final presentation.
1. Provide a brief summary of the background, charges, and trial of this high-profile court case.
In essence, the Court found that oral history should be examined as a “legitimate form of testimony” given that Aboriginal culture and history is passed down through oral storytelling. Additionally, the Supreme Court reconsidered and outlined the tests that Aboriginal groups had to pass in order to prove that they have an Aboriginal title to the land the occupied. The tests laid out in this case was less severe than the one they previously used. Nevertheless, the burden of proving Aboriginal Title was still on Aboriginal groups. To put it differently, it is the responsibility of Aboriginal groups to demonstrate that they had Aboriginal title and “exclusive use and occupancy and, perhaps, continual use and occupancy.”
In R. v. Gladue, the Supreme Court of Canada addressed the issue of proper interpretation of s. 718.2(3) for the first time. The accused was an Aboriginal women charged with second-degree murder for the killing her common-law husband. Gladue’s defence counsel did not raise that she was an Aboriginal offender in his submissions on sentence at trial and she was sentenced to three years imprisonment and a ten-month weapon prohibition. Gladue appealed her sentence to the British Columbia Court of Appeal, and again to the Supreme Court of Canada in December 1998. Although her appeal was dismissed again, the Court went to provide a framework for interpreting s. 718.2(e). In this case, it was determined that the Court was required to consider all reasonable alternatives to imprisonment for all offenders with particular attention to the circumstances of Aboriginal offenders generally and not only to those living on the reserves. In particular, there needs to be more emphasis on restorative justice, where community members and the victim will also be involved in the process. The Court is allowed to take into account prior findings of guilt when determining the appropriate sentences and in some offences prior guilt will create a higher minimum sentence, which the Court
The court system has a major impact on Indigenous people and Indigenous law. Indigenous law is controlled by the rulings of the government and sets an example of government’s the priority and interest of Indigenous issues. This case resulted in major conflict between Indigenous and non-Indigenous people in Canada. Racial tension within Canada grew and it drew a line between Indigenous people and European people as well as the court. Colton Boushie’s case is an example of how society reacts to the court and racism within Canada.
There has been many landmark rulings in the fight for equality for the indigenous community, including the case of Mabo and the case of Wik, all of which will be discussed further on. The Australian Constitution was expected to unite Australia under the first and
Discuss the importance of receiving and responding to feedback on your scholarly writing. What you have learned about the scholarly writing process up to this point in your academic career? And how will feedback and peer-review help you to write a critical review of the research literature?
How do your critical factors align with the roles that were portrayed by your IPPE-3 Clinical Instructors throughout the past two weeks? What specific activities did you engage in during IPPE-3 that capitalized upon your critical factors?
Several questions were raised in the analysis of this case. Firstly, “whether the pleadings preclude the court form entertaining claims for aboriginal title and self government?”
Recently I was asked by my computer science teacher if I would be interested in participating in an eighth grade academic program fair. She told me that I would be helping setup a booth and demonstrating what our computer science class was about. I enjoyed the class a great deal and was more than happy to help, as long as I wasn’t being put in charge of anything. I specifically asked her if I was going to be leading the booth myself and she assured me that I was not going to be a one-man-show; I was just going to help out.
Post confirmation class sent a huge opportunity my way. It has positively impacted my life in several ways. After I received the act of confirmation at the age of 16 I was propounded an opportunity to teach I was ecstatic and accepted this position with alacrity. I have been teaching for 2 hours every Sunday. Personally, I help out first period when they are being taught about Catholicism and during the second hour I teach the Vietnamese language. My students have influenced me to make a difference and inspired me to be a better person and help others to do the same. I have assisted them in working diligently to accomplish their goals and to never give up and my students have done the same for me. Teaching these kids have taught me how to be