Gladue Report

maybevotequimby · 2018-02-11T03:34:49+00:00

Jamie Tanis Gladue was a young Cree woman charged with second-degree murder after stabbing her common-law husband during an altercation.[4] On the evening of her nineteenth birthday celebration, Ms. Gladue confronted the victim, Reuben Beaver about the affair she believed he was having with her sister.[5] Her suspicions appeared correct, and he insulted her. A few minutes later, the victim fled the home, and the accused ran at him with a large knife and stabbed him in the chest.[6] At the trial, Ms. Gladue pleaded guilty to manslaughter as her blood alcohol content at the time of the incident was between 155 and 165 milligrams of alcohol in 100 millilitres of blood.[7] Ms. Gladue's criminal record only consisted of an impaired driving conviction.[8] Regarding her sentencing, the Supreme Court noted: "...a sentence of three years’ imprisonment was not unreasonable. More importantly, the accused was granted, subject to certain conditions, day parole after she had served six months in a correctional centre and, about a year ago, was granted full parole with the same conditions. The results of the sentence with incarceration for six months and the subsequent controlled release were in the interests of both the accused and society."[9] Gladue was the first case to challenge section 718.2(e) before the courts. The accused's Aboriginal background did not affect sentencing. The trial judge noted that both Gladue and the victim were not living in an Aboriginal community at the time of the incident and therefore had no special circumstances arising from their Métis status.[10] While Gladue was a Métis woman, she was living in an urban area at the time which affected the decision of the trial judge in applying section 718.2(e). Section 718.2(e) is often referred to as the “Aboriginal sentencing section.”

Title	Gladue Report
Author	[deleted]
Upvotes	5
Comments	2
Date	February 11, 2018 3:27 AM UTC (8 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/7wqfq0/gladue_report/
Archive Link	https://theredarchive.com/r/MensRights/gladue-report.1179544 https://theredarchive.com/post/1179544

Comments