Gladue in Practice 2024
Course Date: July 4, 2024
Total: 11h 8min
Total Ethics: 3h 59min
Gladue in Practice 2024
Course Date: July 4, 2024
Total: 11h 8min
Total Ethics: 3h 59min
Day One: Thursday, July 4
Welcome and Land Acknowledgement (9:00 – 9:25)
Opening Prayer
Elder Delhia Nahanee, BSW — Cultural Advisor, Squamish Nation
Kory Wilson (Puglid) — Chair, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Gladue Within the Strategy (9:25 – 10:15)
- introduction to the BC First Nations Justice Council (BCFNJC)
- overview of the First Nations Justice Strategy
- BCFNJC's Journey to Service Delivery: Gladue, Indigenous Justice Centres (IJCs), and Legal Aid Transition
- BCFNJC's future and opportunities to become accomplices in our work
Kory Wilson (Puglid) — Chair, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
BREAK (10:15 – 10:30)
Gladue Throughout the Entire Criminal Justice System (10:30 – 11:15)
- how the Gladue analysis is applied through all aspects of the criminal process
- where a Gladue Report is appropriate and where it is not
- Gladue Reports vs. Gladue Submissions
- is there a right to a Gladue Report
- how does Gladue apply at trial
Jonathan Rudin — Special Projects Director, Aboriginal Legal Services, Huron-Wendat, Seneca, Mississaugas of the Credit territory, Toronto
Gladue: Key Themes in Recent Case Law (11:15 – 12:00) (virtual presentation)
- colonial interference and connecting Gladue factors to person served
- land defending cases
Benjamin Ralston — Assistant Professor, University of Saskatchewan College of Law, Treaty 6 territory and Homeland of the Métis, Saskatoon
LUNCH (12:00 – 1:00)
How a Gladue Report is Requested (1:00 – 1:45)
- the foundational elements of the early Gladue process: what the BC First Nations Justice Council requires to initiate a report request, who is eligible to make such requests, where to go to request one, how to use GIMS, and what to expect after a request is placed
- Gladue Reports, Letters and Submissions
- GIMS walkthrough, Triage Policy, Reports and Letters: what is the difference? what happens if you cannot obtain a report or letter?
- information gathering
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Gladue Submissions in the Absence of a Report (1:45 – 2:15)
- even without a report, counsel and the court need to consider and can make submissions about Gladue factors
- trauma informed submissions
E. Condesa Strain — Staff Lawyer, Vancouver Indigenous Justice Centre, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
How Can Native Courtworkers Help? (2:15 – 2:30)
- Order in Council
- speaking in court
- bail and sentencing
Darryl Shackelly — CEO, Native Courtworker and Counselling Association of BC, Squamish, Tsleil-Waututh territory, North Vancouver
BREAK (2:30 – 2:45)
Perspective from the Bench (2:45 – 4:00)
The Honourable Chief Justice Leonard S. Marchand — Chief Justice of BC, Chief Justice of the Court of Appeal for BC, and Chief Justice of the Court of Appeal of Yukon, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
The Honourable Judge Alexander Wolf — Provincial Court of BC, Nuu-Chah-Nulth territory, Surrey
The Honourable Judge Alexander Wolf — Provincial Court of BC, Nuu-Chah-Nulth territory, Surrey
Closing Comments (4:00 – 4:15)
Kory Wilson (Puglid) — Chair, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Closing Prayer
Elder Delhia Nahanee, BSW — Cultural Advisor, Squamish Nation
Elder Dr. Latash Nahanee — Cultural Leader, Squamish Nation
Elder Dr. Latash Nahanee — Cultural Leader, Squamish Nation
Day Two: Friday, July 5
Welcome (9:00 – 9:15)
Opening Prayer
Elder Delhia Nahanee, BSW — Cultural Advisor, Squamish Nation
Kory Wilson (Puglid) — Chair, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Gladue at Bail (9:15 – 10:15)
- section 493.2 and Zora
- what are the circumstances of an Indigenous accused at bail
- dealing with prior convictions
- relevant (and irrelevant) evidence at bail
- appropriate and inappropriate bail conditions
Jonathan Rudin — Special Projects Director, Aboriginal Legal Services, Huron-Wendat, Seneca, Mississaugas of the Credit territory, Toronto
BREAK (10:15 – 10:30)
Advocating for Indigenous Clients (10:30 – 11:00)
The Honourable Niki Sharma — Attorney General of BC, BC Ministry of Attorney General, Esquimalt, Songhees territory, Victoria
Trauma Informed Practice in Preparation and Presentation: Gladue Reports and Sentencing (11:00 – 12:00)
- initial research and crucial information gathering
- the role of the Gladue report writer in delivering unbiased information to aid the court in understanding the role of a report and the impact of colonial interference on an individual
- community-led options for addressing recidivism, including Indigenous and restorative justice programs
- what does a Gladue report writer do?
- education and qualifications
- tool of the court
- non-biased
- trauma-informed practice
Healing Plans and Aftercare
- plans have been implemented by judges
- interviews, preparing the client through resource enrollment, what can the client achieve before a court date?
- First Nation's, Metis and Inuit laws and legal traditions: increasing our knowledge base, and our ongoing efforts in providing communities with self-determination
Jennifer Isaac — Gladue Report Writer, BC First Nations Justice Council, Prince George Indigenous Justice Centre, Lheidli T'enneh territory, Prince George
Jackie Stelkia — Team Lead - Gladue Support Worker Program, BC First Nations Justice Council, Sylix Okanagan territory, Kelowna
Olivia Thomas Šinákamina Ská Wiŋ — Gladue Report Writer, BC First Nations Justice Council, Snuneymuxw territory, Nanaimo
Jackie Stelkia — Team Lead - Gladue Support Worker Program, BC First Nations Justice Council, Sylix Okanagan territory, Kelowna
Olivia Thomas Šinákamina Ská Wiŋ — Gladue Report Writer, BC First Nations Justice Council, Snuneymuxw territory, Nanaimo
LUNCH (12:00 – 1:00)
How a Gladue Report Succeeds (1:00 – 2:00)
- introduction to conditional sentences
- Shawn Johnny video testimonial
Cara M. Hunt — Cara Hunt Law, Quw’utsun Hwulmuhw, Cowichan Tribes territory, Duncan
Kristina King — Crown Counsel, Prince George Crown Counsel Office, Lheidli T'enneh territory, Prince George (virtual presentation)
Kristina King — Crown Counsel, Prince George Crown Counsel Office, Lheidli T'enneh territory, Prince George (virtual presentation)
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Understanding IRCA Reports in a Gladue Context (2:00 – 2:30)
- what is an IRCA report and who is eligible
- how IRCA reports are requested and prepared
- the components of an IRCA report and how an Indigenous client may benefit from one
- discussion of recent case law
Talia B. Magder — Managing Lawyer, Criminal Law Services, Legal Aid BC, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
BREAK (2:30 – 2:45)
Using Gladue Reports at the BC Review Board (2:45 – 3:30)
- the role of the Review Board
- who we are
- where we get our authority
- our place in the criminal justice process (i.e., we follow the trial/sentencing process)
- what we are mandated to do
- the timeframes within which we are mandated to act
- the value that Gladue reports/letters could bring to our process
Brenda L. Edwards — Chair, BC Review Board, Esquimalt, Songhees territory, Vancouver
Gladue at Administrative Tribunals (virtual presentation) (3:30 – 4:00)
Halie Kwanxwa'loga Bruce — Cedar and Sage Law Corporation, Stó:lō territory, Cultus Lake
Christina J. Cook — Senior Policy Lawyer, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Christina J. Cook — Senior Policy Lawyer, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Closing Comments (4:00 – 4:15)
Kory Wilson (Puglid) — Chair, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Amanda Carling — CEO, BC First Nations Justice Council, Sylix Okanagan Nation territory, Kelowna
Amandeep K. Sehmbi — Provincial Director of Gladue Services Department, BC First Nations Justice Council, Tsleil-Waututh, Squamish, Musqueam territory, Vancouver
Closing Prayer
Elder Delhia Nahanee, BSW — Cultural Advisor, Squamish Nation
Elder Dr. Latash Nahanee — Cultural Leader, Squamish Nation
Elder Dr. Latash Nahanee — Cultural Leader, Squamish Nation
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Slides: Gladue Within the Strategy
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Handout: Gladue Beyond Sentencing
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