The overrepresentation of Indigenous People in the criminal justice system is one of the clearest markers of what the Supreme Court of Canada has referred to as "a crisis in the Canadian justice system". The course will begin with an examination of Indigenous concepts of justice before proceeding to a critical analysis of the relationship between Indigenous people and the Canadian criminal justice system at the stages of policing, arrest, bail, sentencing and parole. Historical, theoretical, policy, empirical, doctrinal and statutory lenses will be employed. Students will examine the process of creating Gladue reports, sentencing circles, Indigenous courts and the representation of Indigenous people on jury rolls. The recent expansion of Gladue principles into bail, civil contempt, and extradition hearings will also be considered.

Pre/anti-requisites

Pre-requisite: For students outside the specialization: LAW6781P: Issues in Criminal Law: History, Evolution & Theoretical Approaches or CCLW 6843P: Canadian Criminal Law or Demonstrative foundational knowledge of Canadian Criminal law.

Anti-requisite: LAW 6879 - Aboriginal People and the Criminal Justice System

NCA equivalence:

N/A

Terms Offered

Fall 25

Course Section: A

3.0 credits

Contact Us

Have questions? We’re here to help! Click here to get in touch.