By Patrick Burles - @PatrickBurles on Twitter

Demystifying Gladue: Part 2

May 8, 2018 | 8:38 AM

ALBERTA – After hearing from Ashley Prairie Chicken about the work that goes into preparing a Gladue report and how they help an Indigenous offender – sometimes even prior to sentencing – we’re shifting gears to look at the importance of the reports for the justice system.

As noted in our previous story, Lethbridge News Now wants to provide a detailed look at Gladue, in response to growing concerns that appear on our social media virtually any time a story is posted involving an Indigenous offender or suspect.

You can also review how it all started and a brief history of Gladue here.

Speaking with LNN, assistant chief Crown prosecutor, Dave Hill, pointed out that while Gladue reports are only available for Indigenous offenders, the factors that they sometimes uncover, which can play a part in sentencing, are also taken into account for non-Indigenous offenders. He explained that it’s noted in the Criminal Code under the section that first gave rise to Gladue.

“All available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to community, should be considered for all offenders, with particular attention to circumstances of Aboriginal offenders,” said Hill, citing Section 718.2 (e).

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When working on a sentencing submission for an Indigenous offender, Hill said a number of the Gladue factors need to be considered, including any experience with residential schools, substance abuse, loss of family and close friends, child welfare involvement, loss of cultural identity, and homeless, just to name a few. He quickly pointed out that another major factor is the offender’s willingness to engage in the process and gain as much insight as possible into their issues, and how they can begin addressing them.

“I would take into account the information in the report and the accused’s willingness to address the underlaying causes… it might affect me that way as far as having hope that I don’t need to submit to the court to resort to jail just yet, that there’s still hope and a willingness to change without that,” he explained.

Building on that, Hill discussed how an added focus on rehabilitation rather than just incarceration can encourage an offender to improve themselves.

“Someone that can see a light at the end of the tunnel of how they could change their behaviour, are willing to engage and are sort of helped along the way of being shown what kind of things they could do to gain insight and change their behaviour – I think that makes a huge, positive difference before resorting to more punishment outcomes.

“Many people have heard the revolving door problem, which is you just keep doing the same thing, thinking punishment is going to be the solution, and people go into jail and they come out of jail and nothing’s changed. The underlying cause of the behaviour has not been addressed,” Hill continued. “So, if you want less crime, then you want to change the behaviour, and you should impose sentences that will be effective at changing behaviour.”

Having said that, Hill acknowledged that there is still room for improvement in the system and that a committee is exploring ways to do just that. One of the ideas he shared is the addition of a ‘navigator’ who would help offenders connect with any services that are recommended for them.

In addition to that, he said the federal government has contracted an evaluation of the value of Gladue reports, headed by Dr. Patti LaBoucane-Benson, the director of research, training and communication for Native Counselling Services of Alberta.

In developing this story, LNN also spoke with Randy Sloan, manager of Indigenous Initiatives with Alberta Justice. He stated that it’s important for everyone to remember that when they hear issues associated with a particular offender, it is not a representation of the entire community.

“The circumstances of these people are not reflective of every Indigenous person. Not every Indigenous person has experienced those,” said Sloan, going over concerns that have been raised by some Indigenous communities. “It’s not indicative of the community at large, that is that person’s experience. And, I guess they’re worried that society at large may just say, ‘Well, every Indigenous person has experienced this, or you know, they all have substance abuse and they’ve all experienced sexual abuse,’ and those kinds of things, and that’s simply not the case.”