Settler Colonial History and Indigenous People in Saskatchewan:
A Gladue Rights Research Database
This database is an ever-expanding work in progress. It is designed to provide Indigenous people, their legal counsel, and others working within the justice system with information that will assist in the protection of Gladue rights after a person’s conviction and prior to sentencing. In particular, this database provides researchers with information pertaining to the history of settler colonialism in the province of Saskatchewan up to c. 1990.
This database is designed to provide much, but not all, the information required to write or review a Gladue report. It provides solid comprehensive information explaining the unique circumstances that have impacted and shaped Indigenous people’s lives in Saskatchewan – the essential historical backgrounds and contexts to the situations Aboriginal people face today. The additional recent and intimate personal information needed to complete particular Gladue reports must be acquired separately.
Gladue rights derive from Section 718.2(c) of the Criminal Code. The Supreme Court handed down its decision in R. v. Gladue in 1999. Gladue rights are enjoyed by First Nations, Inuit, and Metis people. They emerge from the unique experiences and circumstances that Aboriginal people have suffered under settler colonialism. That is to say, Gladue rights are derived from Aboriginal people’s unique history as the original occupants of this land and their distinct experiences as the victims of settler colonialism:
“…the circumstances of aboriginal people are unique. In sentencing an aboriginal offender, the judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts; and (b) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular aboriginal heritage or connection…. Judges may take judicial notice of the broad systemic and background factors affecting aboriginal people, and of the priority given in aboriginal cultures to a restorative approach to sentencing.” (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1695/index.do)
Open Access Provide Through Sponsor Generosity
Open access to this website and associate database is made possible through the generosity of the Law Society of Saskatchewan, Legal Aid Saskatchewan , the Saskatchewan Ministry of Corrections and Policing, and the Community-engaged History Collaboratorium, Department of History, at the University of Saskatchewan .
Using and Citing this Website and Database
The following statement must appear in or on any books, articles, maps, reports, workshop presentations, datasets, meta-data or other publications which incorporate or are based on the material downloaded here:
“This work is based upon information provided through the ‘Settler Colonial History and Indigenous People in Saskatchewan: A Gladue Rights Research Database,’ accessed [provide date here]), gladue.usask.ca.”
Where the above statement is included in a web page or similar online resource, the reference to "gladue.usask.ca" must be a working hyperlink.
Copyright (c) 2018 of the Community-engaged History Collaboratorium, History Department, University of Saskatchewan. This resource is created under the supervision and direction of Prof. Keith Thor Carlson and licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc/4.0/.
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