Case comment: R v Gladue

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ID:	HARP-385
Title:	Case comment: R v Gladue
Source:	Canadian Woman Studies , v.20(3) Fall’00 pg 85-91
Parties:
Dispute Resolution Organ:
Year:	2000
Pages:	0
Author(s):
Keywords:	Canada, equality before the law, gender equality, human rights, woman, justice, civil and political rights, violence, indigenous people, crime, Supreme Court, minority rights
Abstract:	The judgment does not recognize the unique situation of Jamie Tanis Gladue as an Aboriginal woman. The Supreme Court refused to consider her crime in the context of the domestic violence perpetrated against her; failed to include domestic violence in its analysis of Aboriginal heritage; and refused to send the matter back for a new sentencing hearing because it was a “serious crime of violence.” There is evidence that Ms. Gladue was the victim of spousal abuse and may have been able to argue the defence of self-defence to her original charge of second-degree murder had she gone to trial. Chances are Ms. Gladue would never have gone to jail, had her Aboriginal heritage and spousal abuse been considered. But the judgment applied a narrow and gender neutral interpretation of s. 718.2(e), and thereby missed an opportunity to break ground in fighting systemic discrimination against Aboriginal women in the Canadian justice system.
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