Michelle Brass brought her province-wide discussion on the Aboriginal community鈥檚 history with the Canadian legal system to Yorkton last Thursday, hoping to raise awareness on the subject.
鈥淚鈥檓 opening up the discussion to people [so we can] get at the overriding issue, which is...the over-incarceration of Aboriginal offenders,鈥� she said.
Brass works at the University of Saskatchewan鈥檚 Native Law Centre. She serves as the Gladue Project Research Officer. She focused on the Gladue case and its impact on Canadian law during her Yorkton seminar on Jul. 19.
鈥淚t鈥檚 an open discussion,鈥� she said.
In 1995, Jamie Tanis Gladue (a Cree woman) pled guilty to second-degree murder. The sentencing judge did not think Gladue鈥檚 Aboriginal background was relevant to his decision since she lived off a reserve. Gladue鈥檚 lawyer appealed her sentence of three years, arguing that the judge did not properly apply section 718.2 (e) of the Criminal Code, which says all alternatives to imprisonment must be considered, particularly for Aboriginal offenders. In 1999, the Supreme Court of Canada sided with Gladue鈥檚 lawyer.
The Gladue case provided the blueprint for the sentencing of Aboriginal offenders, encouraging judges to look at how an Aboriginal鈥檚 life experiences might have impacted them. Judges must balance justice with an appropriate sentence.
Brass said people hold misconceptions about the Gladue case. She argues that it is not a 鈥済et-out-of-jail-free card.鈥�
鈥淸It] provides a sentencing judge with a broader context of an Aboriginal person鈥檚 background and...the systematic barriers or situations that person was dealing with,鈥� she said. 鈥淚t鈥檚 not...going to fix [anything] unless an offender...takes their issue seriously.鈥�
Brass led a small group in a conversation about the Gladue case and Aboriginals in the legal system during her Yorkton visit. Participants discussed personal responsibility, community involvement, reforms, and accountability.
Brass is traveling across Saskatchewan hosting similar seminars. She鈥檒l be holding discussions until November. Once she鈥檚 wrapped up the tour, she鈥檒l prepare a report on her findings by January 2019.
鈥淢y focus with this project is only on Saskatchewan, but...this issue is nation-wide,鈥� she said.
Brass hopes her seminars and others like it can broaden the public discourse on Aboriginal incarceration and potentially lead to reforms.
鈥淭here [are] still gaps out there,鈥� she said. 鈥淸They] need to be addressed.鈥�
