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FEATURE
• Preparation of a handbook for justice system
participants in Manitoba, providing a guide
to the Gladue decision and its application
and development in courts across Canada,
with a particular focus on “frequently asked
questions” about s. 718.2(e), and Gladue,
as well as summaries of key cases, useful
precedents, and relevant literature. The
handbook is being co-authored by Professors
Parkes, Milward, and Gunn, in collaboration
with law students Steven Keesic and Janine
Bird, and will be available in electronic and
print format later this year.
• Additional developments include preparation by
Onashowewin, an Aboriginal restorative justice
program based in Winnipeg, of a few Gladue
reports on an ad hoc basis in some criminal cases.
• Invited speaking engagements by Professors
Parkes and Milward to judges and lawyers about
developments in the law, Gladue reports, and the
possibility of a Gladue court pilot program.
There is no doubt that these initiatives will require
financial and political commitments from the
province, and possibly the federal government of
Canada as well. It is important to stress, however,
that the first crucial steps have been taken and that
there are a number of advocates of greater Gladue
implementation among the Manitoba bench and bar.
These developments are emerging at an especially
important time as the Supreme Court released a
decision in early 2012 in R v Ipeelee in which it issued
a strongly-worded reminder that Gladue warrants
serious consideration in any case involving the
sentencing of an Aboriginal person.
Also, in March 2012 the UN Committee on Elimination
of Racial Discrimination recommended that Canada
implement s. 718.2(e) and work to prevent the
overrepresentation of Aboriginal peoples in prisons.
The Committee also recommended that Canada “train
its prosecutors, judges, lawyers, police officers on these
provisions of the Criminal Code, and to increase its
efforts to address socio-economic marginalization of
Aboriginal people.” Robson Hall faculty and students
are pleased to be able to support these important
initiatives through research and collaboration.
For more information
Contact Professor David Milward, Professor Debra Parkes,
or Professor Brenda Gunn.
UNIVERSITY OF MANITOBA, FACULTY OF LAW robsonhall.ca 72