A scheduled replay of a past program, with the ability to ask questions.
Indigenous Criminal Justice Post-Gladue: 25 Years after the Supreme Court of Canada Decision
Program Chairs
The Hon. Justice Jeanine LeRoy
Associate Chief Justice, Co-Ordinator of Justices of the Peace, Ontario Court of Justice
Caitlyn Kasper
Senior Staff Lawyer, Aboriginal Legal Services
Don’t miss the 9th National Conference on Indigenous Criminal Justice Post-Gladue, October 26th, 2024
This one day program gives you a unique opportunity to come together and discuss current challenges, new legal decisions and ways to improve the criminal justice system as it affects Indigenous people.
2024 is the 25th Anniversary of the Supreme Court of Canada’s landmark decision in R. v. Gladue. This national program will be a forum for discussion on current key issues and an opportunity for you to ask questions and offer your comments.
Please Note: In-person space is limited and filling up quickly!
Can’t Make the Date? Registration includes 120-day unlimited, online access to the recorded program.
What You’ll Learn
Critical case law updates
Indigenous identity at the margins: navigating R v. Kehoe (2023 BCCA 2) and R. v. Hamer (2021 BCCA 297)
How judges and counsel can engage with Gladue principles in a meaningful way
Sealing of Gladue Reports
Can Gladue reports re-traumatize in the pursuit of healing?
Gladue reports as Indigenous (oral) storytelling: traditional aspects to modern justice
Who Should Attend
Anyone who works with Indigenous people involved in the criminal justice system
Faculty
Program Chairs
The Hon. Justice Jeanine LeRoy
Associate Chief Justice, Co-Ordinator of Justices of the Peace, Ontario Court of Justice
Caitlyn Kasper
Senior Staff Lawyer, Aboriginal Legal Services
Keynote Speaker
(Appearing by live video)
Niigaanwewidam Sinclair
Professor of Native Studies, University of Manitoba
Instructors
A.F. Barlow
Ph.D. Student in Indigenous Studies, Faculty of Native Studies, University of Alberta, Director of IN A GOOD WAY CONSULTING, INC.
Jason Edwards
Criminal Defence Lawyer, Area Director, Newfoundland and Labrador Legal Aid Commission (St. John’s)
Sarah Evans
Criminal Defence Lawyer, Newfoundland and Labrador Legal Aid Commission (St. John’s)
Assistant Crown Attorney, Ministry of the Attorney General (Ontario)
Shaunna Kelly
Shaunna Kelly Law (Toronto)
David Milward
Director JD/JID Program, Associate Professor, Faculty of Law, University of Victoria
Carmela Murdocca
Professor, York University, York Research Chair in Reparative and Racial Justice
Promise Holmes Skinner
Criminal Lawyer, LLM student, University of Toronto
Associate Chief Justice Susan Wishart
Provincial Court of B.C., (Victoria)
The Hon. Justice Jessica Wolfe
Ontario Court of Justice (Gore Bay)
Past Delegate
“Everyone was well-versed and obviously dedicated to the development of Gladue courts and application of the Gladue principles in regular courts as well.”
Agenda
Dorothy Peters
Traditional Teacher, Aboriginal Legal Services
Welcome and Introduction from the Chairs
Promise Holmes Skinner
Criminal Lawyer, LLM Student, University of Toronto
A review of some of the more interesting cases of recent years that have incorporated a Gladue and Ipeelee analysis.
Associate Chief Judge Susan Wishart
Provincial Court of B.C., (Victoria)
Jason Edwards
Criminal Defence Lawyer, Area Director, Newfoundland and Labrador Legal Aid Commission (St. John’s)
Sarah Evans
Criminal Defence Lawyer, Newfoundland and Labrador Legal Aid Commission (St. John’s)
(Appearing by live video)
Gladue Reports contain very sensitive personal information regarding not only the person who is the subject of the report, but also regarding their family and friends. Different practices have developed across the country where counsel have sought to have the Gladue Reports sealed. This session will look at some of these issues.
10:45 a.m. ET Break
The Honourable Justice Jonathan George
Ontario Court of Appeal
Amanda General
Senior Manager, Gladue Writers, Aboriginal Legal Services
The issue of Indigenous identity has become a focus in many different areas. How should courts address claims of Indigenous identity that might be difficult to establish definitively?
12:00 p.m. ET Break
David Millward
Director JD/JID Program, Associate Professor, Faculty of Law, University of Victoria
In legal circles it is common to refer to legal principles arising from a case by way of the name of that case. What consideration should be given to the concerns of the person whose name is associated with the case, i.e., Jamie Tanis Gladue, or someone who shares a last name but has nothing to do with the case, i.e. Cindy Gladue and her family (the victim in the Bradley Barton case).”
The Honourable Justice Jessica Wolfe
Ontario Court of Justice, (Gore Bay)
Shaunna Kelly
Shaunna Kelly Law (Toronto)
Mary Jarrell
Assistant Crown Attorney, Ministry of the Attorney General (Ontario)
Gladue and Ipeelee impose responsibilities on judges, defence counsel and crowns. What constitutes best practices today as evolved over the past 25 years?
Carmela Murdocca
Professor, York University, York Research Chair in Reparative and Racial Justice
A.F. Barlow
Ph.D. Student in Indigenous Studies, Faculty of Native Studies, University of Alberta, Director of IN A GOOD WAY CONSULTING, INC.
While Gladue Reports are recognized as incredibly helpful for the court, can the preparation of these reports harm their subjects?
3:00 p.m. Refreshment Break
Q & A (3:15 p.m. ET)
Niigaanwewidam Sinclair
Professor of Native Studies, University of Manitoba (Appearing by live video)
Concluding Remarks and Closing Ceremony (4:30 p.m. ET)
Newly licensed regulated professionals within the past 2 years receive 50% off the regular program fee.
Time
Dec 6, 2024 9:00 a.m – 4:30 p.m (ET)
Substitution of registrants is permitted at any time prior to the start date of the program. If you are unable to find a substitute, a full refund is available if a cancellation request is received in writing 14 days prior to the start of the program. If a cancellation request is made with less than 14 days notice, an administrative fee equal to 20% of the program cost, to a maximum of $250 will apply per person. Payment is required to receive access to the program.
We will make every effort to present the program as advertised, but it may be necessary to change the date, location, speakers or content with little or no notice. In the event of program cancellation, York University’s and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
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“All speakers were thoughtful, well-informed and generous with their knowledge and experiences.”
CPD and Accreditation
OsgoodePD is an accredited provider with the LSO, the Law Society of BC and NY CLE Board. Select your location to view the eligible hours you may claim.
Are you a law graduate or an executive/senior professional with at least 5 years of specialized experience? Consider a full-time or part-time LLM degree.
Criminal Law and Procedure
Students typically complete the LLM in two years (6 terms).
Stay competitive with deep dives into the most critical issues in law. Taught by leading experts and designed for flexible learning, choose from multi-day programs or take courses at your own pace to build towards a certificate.
Certificate:
Fundamentals of Indigenous Peoples and Canadian Law
Do you have an LLB/JD? Consider taking a single LLM course for deeper learning in a specific area of practice – all credits will apply towards a Professional LLM.
Once a program reaches capacity, a waitlist will be created. This does not guarantee your registration in the program; however, it places you on a priority contact list. If any spots become available, you may be notified by email or phone to confirm if you would like to proceed with the registration. Once contacted, you will typically be given 24 hours to confirm your interest. If you do not confirm interest within the provided timeframe, you will be removed from the waitlist and the next person will be contacted.
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In Person: Attendance for the program will take place at Osgoode Professional Development (1 Dundas Street West, Suite 2602, Toronto, ON M5G 1Z3) unless otherwise specified. Program Materials will be printed and available for pick up upon arrival.
Live Webcast: Designed for busy schedules, attend an online, live webcast using state-of-the-art video-conferencing. Attendance is via live stream with an opportunity to submit questions to the speakers throughout the program. Registration includes downloadable Program Materials and 120-day access to the program archive.
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