“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

Letter: Museum defends ATV trade show decision after social media post

To the editor The Princeton and District Museum and Archives Society would… Continue reading

Peeling away: OK strip clubs disappearing

Hear from Penticton’s only strip club owner about their success in a dying industry

It’s time to Ring and Sing, in spring

The Musaic Vocal Ensemble and the Oliver Handbell Ringers present a concert for bells and voices

Driver crashes near Princeton after swerving to miss small animal

A driver and passenger received minor injuries in a single vehicle roll… Continue reading

Support for Penticton shooting victim

A GoFundMe has been started for one of the four people killed April 15

Annual Nk’maplqs Challenge Cup returns easter weekend

The goal of the Vernon-based event is to revitalize the game and the tradition of an all-native hockey tournament in the Interior.

B.C. RCMP receive application for Police Cat Services

RCMP announced the launch of the Police Cat Services unit as an April fools joke

Traffic flagger ‘pushed’ by vehicle in Osoyoos on April 18

Aimee Attig is looking for witnesses of the incident that took place on Highway 3 near the AG Foods

The 25th annual Osoyoos Eggstravaganza gets cracking on Saturday

Find out what the Town of Osoyoos has planned for Easter

Shuswap dancer stays across street from Penticton shooting day after Salmon Arm tragedy

Dancers come for festival, put in lockdown in rec centre, watch police response from Airbnb window

Kirkland Signature veggie burgers recalled due to possible metal fragments

Recalled products came in 1.7 kg packages with a best before date of Apr. 23, 2019

Chaos at the ferry terminal for people heading from Vancouver to the Island

Easter crowds create backlog at Tsawwassen ferry terminal

Vernon-raised BC Was Awesome producer returns home for filming of episode

The topic of this Vernon-featured episode has not yet been revealed.

COLUMN: Bunnies, sexuality and the freedom to read

A book about a gay bunny has been the subject of challenges

Most Read