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Sentencing within a Restorative Justice Paradigm: Procedural Implications of R. v. Gladue.

Turpel-Lafond, M.E
June 4, 2015

Source: (2005) In Wanda D. McCaslin, ed., Justice as Healing: Indigenous Ways. Writings on Community Peacemaking and Restorative Justice from the Native Law Centre. St. Paul, MN: Living Justice Press. Pp. 280-295.

The Gladue decision is an important turning point in Canadian criminal law. The Canadian Supreme Court’s interpretation of section 718.2(e) of the Criminal Code clarified that this provision is remedial in nature and not merely in codification of existing law and practice. In so interpreting the provision, the Court clearly endorsed the notion of restorative justice and a method of sentencing that emphasizes “healing”. Healing is an Aboriginal justice priniciple that is slowly becoming merged into Canadian criminal law throught the practice of circle sentencing and community-based diversion programs. The Glaude decision has brought the notion of healing into the mainstream as a principle that a judge must weigh in every case of an Aboriginal person, in order to build a bridge between his or her unique personal and community background experiences and criminal justice. (excerpt)


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