“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

Kelowna RCMP search for missing senior

Cathy Wilson has dementia and was seen leaving her care facility in Rutland

Kelowna community bike ride raises $120,000 for charity

Money from the Payton & Dillon Budd Memorial Ride went to the Canadian Mental Health Association

More road closures planned due to construction in Kelowna

Hart Road and Grantham Road in Kelowna will be closed beginning Thursday

Okanagan College culinary students experience local Indigenous flavours

Traditional Okanagan-Syilx styles were taught by Westbank First Nation Elders

Multi-Generational Activity Centre is officially underway in Lake Country

Federal government provides an extra $585k to support the project

VIDEO: Driver doing laps in busy Vancouver intersections nets charges

Toyota Camry spotted doing laps in intersection, driving towards pedestrians

Every situation is different, jurors hear at coroners inquest into Oak Bay teen’s overdose death

Pediatrician says involuntary treatment necessary following overdose, opioid use

RCMP across Canada to soon unionize, according to B.C. mayor

A spokeswoman for RCMP headquarters in Ottawa says it’s not yet a done deal

Missing and murdered Indigenous women remembered at Okanagan rally

Red Dress campaign honours the memory of missing and murdered Indigenous women across Canada

Explicit sex-ed guide for adults mistakenly given to Creston elementary students

The booklet clearly states online and inside that the guide contains sexually explicit information

Driver has $240K McLaren impounded minutes after buying it in West Vancouver

Officers clocked the car travelling at 160 km/h along Highway 1 in a 90 km/h zone

Public tip leads to seizure of drugs and weapons in North Okanagan

Concerned citizen spots male sleeping in car in residential area

Still months of investigation left into South Okanagan murders

Penticton came to a standstill on April 15, when John Brittain allegedly shot and killed four people

Most Read