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In this decision, the Court reiterated a need for lower courts to take into account the oppressive environments Indigenous peoples face as Canadians. The court was critical of the lack of progress made in reducing the number of Indigenous individuals in custody, citing the continued rise of the representative population since the Gladue decision.
The Supreme Court of Canada decision in R v Gladue both recognized this issue, and mandated justices to allow for provisions in sentencing that considered the historical and socio-economic factors that bring Indigenous peoples before the court, in order to reduce Indigenous over representation in the carceral system. [19]
The appeal was heard on 29–30 October 2013 by the Federal Court of Appeal, with the court upholding the original decision but excluded non-status Indians from its scope. [15] The Supreme Court of Canada heard a subsequent appeal on 8 October 2015 [ 16 ] and restored the trial judge's ruling on 14 April 2016.
Canadian Aboriginal Law is different from Canadian Indigenous law: In Canada, Indigenous Law refers to the legal traditions, customs, and practices of Indigenous peoples and groups. [ 2 ] [ 3 ] Aboriginal peoples as a collective noun [ 4 ] is a specific term of art used in legal documents, including the Constitution Act, 1982 , and includes ...
An Indigenous court, also known as Aboriginal court, First Nations court, and other locally relevant terms, usually refers to specialist sentencing courts or modified court procedures for offenders who are Indigenous peoples of a colonised country. They include:
R v Ipeelee is a Supreme Court of Canada decision which reaffirmed the court's previous holdings in R v Gladue, in that when sentencing an Indigenous person, every sentencing judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular Indigenous individual before the courts; and (b) the types of sentencing procedures and sanctions ...
Corbiere v Canada (Minister of Indian and Northern Affairs) [1999] 2 S.C.R. 203, is a leading case from the Supreme Court of Canada where the Court expanded the scope of applicable grounds upon which a section 15(1) Charter claim can be based. This was also the first case to use the framework proposed by Law v. Canada.
Indigenous or Aboriginal self-government refers to proposals to give governments representing the Indigenous peoples in Canada greater powers of government. [16] These proposals range from giving Aboriginal governments powers similar to that of local governments in Canada to demands that Indigenous governments be recognized as sovereign, and capable of "nation-to-nation" negotiations as legal ...
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