“Justice,” one of four 1930s-era murals in the lower rotunda of the B.C. legislature, shows colonial judge Matthew Begbie holding court in Clinton during the Cariboo gold rush of the 1860s. The murals were covered by plaster walls in 2008. (Tom Fletcher/Black Press)

B.C. prosecutors get new guidelines for dealing with Indigenous accused

‘Bias, racism and systemic discrimination’ in criminal justice

The B.C. Prosecution Service has revised its guidelines for Crown prosecutors when assessing charges and release conditions for Indigenous people, demanding further consideration for racial discrimination as a background to criminal offences.

The new guidelines affect charge assessment, bail and adult probation decisions.

“The status quo is failing Indigenous persons,” says the service’s new Indigenous justice framework document, released Tuesday. “Colonialism, displacement and forced assimilation have contributed to their overrepresentation in all parts of the criminal justice system in Canada. Bias, racism and systemic discrimination continue to aggravate this unacceptable situation. These facts must inform every consideration, decision or action we take in relation to Indigenous persons.”

The update comes a decade after the Supreme Court of Canada ruled in a case called R v Gladue that Indigenous offenders should be treated differently in sentencing. The case is considered a landmark, as the highest court directed that Indigenous people’s aboriginal heritage and connection in sentencing.

READ MORE: Crown drops charges against 14 pipeline protesters

READ MORE: Wilson-Raybould ouster ‘threatens reconciliation’

In the 1999 B.C. case, Jamie Tanis Gladue pleaded guilty to manslaughter for stabbing her common-law husband after celebrating her 19th birthday drinking beer with friends, including the victim, whom she believed was having sex with her sister.

Gladue was sentenced to three years in prison, and was released on day parole after serving six months. The Supreme Court of Canada ruled that the trial judge and B.C. Court of Appeal judges did not adequately consider alternatives to prison, partly because Gladue and the victim were not living on reserve.

The B.C. Prosecution Service also cited R v Ipeelee, a 2012 decision from the Supreme Court of Canada: “The history of colonialism, displacement and residential schools in Canada has translated into lower educational attainment, lower incomes, higher unemployment, higher rates of substance abuse and suicide, and higher levels of incarceration for Indigenous persons.”

Prosecutors also received other policy updates, including a revised policy for transmission of HIV during sexual acts and bail conditions in cases of intimate partner violence.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Another gold medal for Barriere Minor Ball

Barriere Minor Ball’s teams are on a home-run right now! Most recently… Continue reading

Lightning strike knocks out Bradford Wells in Barriere

On Tuesday, July 16, the District of Barriere sent out notification to… Continue reading

Annual Canadian Junior Angus Show at the North Thompson Agriplex in Barriere

Last year, Showdown 2018 took place in Barrie, Ontario; so perhaps it… Continue reading

Another success for Barriere Park Show Shine

The Barriere Park Show & Shine came off perfectly under sunnyskies on… Continue reading

Squam Bay Fish Derby winners take home the loot

The 64th Annual Squam Bay Fish Derby was held July 14 at… Continue reading

Joaquin ‘El Chapo’ Guzman sentenced to life in prison

Experts say he will likely wind up at the federal government’s Supermax prison in Florence, Colorado

Olympic softball qualifier gets $150K boost from provincial government

2019 Americas Qualifier to be held in Surrey from Aug. 25-Sept. 1

Gas price inquiry questions Trans Mountain capacity, company denies collusion

The first of up to four days of oral hearings in the inquiry continue in Vancouver

‘Benzos’ and fentanyl a deadly cocktail causing a growing concern on B.C. streets

Overdoses caused by benzodiazepines can’t be reversed with opioid-overdose antidote naloxone

Will you be celebrating national hotdog day with any of these crazy flavours?

The popularity of hotdogs spans generations, cultures

Former home of accused Penticton shooter vandalized

Ex-wife of man who is accused of murdering four people had her house vandalized

Survivor of near-drowning in B.C. lake viewing life through new eyes

“If I died that day, the baby wouldn’t know his dad,” said 31-year-old Mariano Santander-Melo.

‘Beyond the call’: Teen in police custody gets birthday surprise by B.C. Mountie

Unusual celebration started when Staff Sgt. Paul Vadik went to visit the teen in his Coquitlam cell

Thunderstorms forecast across B.C.

Environment Canada has issued a thunderstorm watch for B.C.’s central Interior

Most Read