Introduction

• Author: Jonathan Rudin
• Pages: 1-8

1

Introduction

1

Why write a book about Indigenous people as part of a Criminal Law Series—and

why is there a need for a second edition? The Criminal Code1 makes only four refer-

ences to Indigenous people2—three in the sentencing provisions and one relating to

bail. Section 718.2(e) of the Code, passed in 1996, directs judges when sentencing an

oender to examine the following:

[A]ll available sanctions, other than imprisonment, that are reasonable in the circum-

stances and consistent with the harm done to victims or to the community should be

considered for all oenders, with particular attention to the circumstances of Aboriginal

oenders.

The other three amendments were all passed in 2019. The two sentencing amendments—

sections 718.04 and 718.201—deal specifically with Indigenous women as victims of

crime, and the bail amendment—section 493.2—requires judges and justices of the

peace to consider the “circumstances of Aboriginal accused.”

Outside of those specific sections, one would have no idea from a reading of the Code

that there are any particular issues with regard to Indigenous people and the justice

system. Law school courses on criminal law may touch on Indigenous issues, particu-

larly in the context of sentencing—or they may not. Advanced law school courses that

specifically look at sentencing will generally have one class, or part of a class, on sec-

tion 718.2(e) and the cases of R v Gladue3 and R v Ipeelee,4 but that’s about it.

1 RSC 1985, cC-46 [Code].

2 This book will use the terms “Aboriginal” and “Indigenous” interchangeably.

3 [1999] 1 SCR 688, 1999 CanLII 679 [Gladue].

4 2012 SCC 13 [Ipeelee].

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