Analysis of Section 718.2(e) of the Criminal Code

Source: (1999) Paper presented at Bolton Day 1999, The Spirit Within: Restorative Justice – Challenges for the New Millenium, North Vancouver, Canada, May 27-28. St. Leonard’s Society of Canada. Downloaded 14 January 2005.

In Session One of this conference, Julie Rupert examines Section 718.2(e) of the Criminal Code of Canada. She begins from the perspective that the justice system has failed and continues to fail aboriginal people in Canada. Recently, steps have been taken to rectify the failures. Section 718.2(e) of the Code is an example of reforms designed to address the problems of aboriginal people in the judicial system. It stipulates that sanctions other than imprisonment should be considered for offenders, with particular attention given to the circumstances of aboriginal offenders. The questions Rupert asks are whether this section is a model for restorative justice and whether it is an effective tool for the problems of aboriginal offenders in particular. To answer these questions, she sets out background considerations that led to this section (e.g., principles of sentencing, issues related to the effectiveness of imprisonment, and over-representation of aboriginal people in the prison), and she outlines how courts in Canada have interpreted and applied the section.