Fake Indigenous Law Subverts Formal Canadian Law
This decision speaks volumes about the need to reconsider the causes and consequences of the racially and ethnically discriminatory Gladue principles and sentencing circle recommendations;By Hymie Rubenstein
On October 9, the Supreme Court of Canada ruled that judges must consider “sentencing circle” recommendations for Indigenous offenders, effectively prioritizing aboriginal perspectives in sentencing. This decision creates a parallel legal system, requiring courts to “braid” Indigenous law with Canadian law, a concept that undermines the principle of equality before the law. The ruling came in an appeal by Harry Arthur Cope, a part-Mi’kmaq man who originally received a reduced incarceration after a “sentencing circle” recommended no further jail time.
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