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This article explores the potential for an Aboriginal offender's presumed level of dangerousness to functionally preclude s. 718.2(e)'s substantive application in Dangerous Offender (DO) proceedings. This article explores the core variables that factor into the ‘dangerousness equation’ before a final conclusion is reached by the courts. In particular, risk of recidivism and prospect of rehabilitation are identified. Ultimately, this article argues that these variables often function to produce an inflated risk score coupled with a deflated prospect of rehabilitation for Aboriginal offenders such that they are subject to a disproportionate number of DO designations. In short, the Gladue analysis is too often undertaken too late in the sentencing proceedings. As such, it is argued that the proper application of s. 718.2(e) during a DO hearing should involve an assertive, substantive infusion of the Gladue considerations into the heart of the assessment process. This article calls on practitioners to pre-emptively utilize the vast knowledge of colonialism's enduring legacy in an attempt to challenge the preliminary assumptions that often prove determinative in the sentencing of Aboriginal offenders and potential DOs in particular. 20 Can. Crim. L. Rev. 77 The full article can be viewed via Westlaw here.
5 Comments
8/24/2020 01:27:43 pm
Hi there, I am really hoping to read this article but have no access to the traditional databases that host them. I am working with a number of Indigenous men designated DOs who really should never have been, and this article would be helpful to read. Thans!
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12/19/2024 05:50:03 am
This article provides a detailed and thoughtful exploration of applying the Gladue principles in dangerous offender proceedings. The discussion on how Gladue reports can influence sentencing and rehabilitation for Indigenous offenders highlights the ongoing need for a more just and nuanced approach within the Canadian legal system. It’s crucial to consider the unique circumstances and systemic factors that affect Indigenous individuals, and this article emphasizes the importance of addressing these issues in a way that promotes fairness and healing. Nate Jackson's insights offer an important perspective on the intersection of law and Indigenous rights, contributing to a deeper understanding of restorative justice.
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