“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

Langley’s D.W. Poppy could become middle school: district

The district will consult with parents before making a decision

Kodiaks clinch spot in finals

Langley team and B.C. champions continue to dominate

Canada’s first dementia village close to opening

Langley project to provide home-like surroundings for between $83,400 and $93,600 a year

Crime Stoppers urges Lower Mainland residents to check these 9 safety items every night

Home security tips demonstrated at Cloverdale house on Wednesday

Odd Thoughts: Langley berries sandwich solstice into summer

The best summer solstice ceremonies centre on strawberries and white bread

VIDEO: Acknowledging skeptics, finance minister vows to build Trans Mountain project

Bill Morneau said he recognizes ‘huge amount of anxiety’ in Calgary over future of oil and gas sector

Men caught with illegal gun near Burnaby elementary school

They were sitting in a parked car near Cameron Elementary

Home care for B.C.’s elderly is too expensive and falls short: watchdog

Report says seniors must pay $8,800 a year for daily visits under provincial home support program

B.C. ‘struggling’ to meet needs of vulnerable youth in contracted care: auditor

Auditor general says youth in contracted residential services may not be getting support they need

Pair of B.C. cities crack Ashley Madison’s ‘Infidelity Hotlist’

Data from the website reveals Abbotsford and Kelowna hottest spots for cheaters

Life’s work of talented B.C. sculptor leads to leukemia

Former Salmon Arm resident warns of dangers of chemical contact

Billboard posted along B.C.’s Highway of Tears to remember missing and murdered Indigenous women

Billboards featuring Indigenous artwork to be placed in Surrey, Kamloops and near Prince George

Unexpected snow blankets the Okanagan Connector

As of 6:50 a.m. DriveBC cameras displayed surprise snowfall on highway

Driver loses tire while behind the wheel after lug-nut thief strikes in Burnaby

Burnaby RCMP are investigating after two reports of lug-nut tampering in the city this month

Most Read