Abstract
Implicating the System: Judicial Discourses in the Sentencing of Indigenous Women. By Elspeth Kaiser-Derrick. University of Manitoba Press, 2019.
Highlights
Kaiser-Derrick argues that sentencing judges should use the victimizationcriminalization continuum together with a Gladue analysis in order to enhance the overall analysis when sentencing female Indigenous offenders
As there is no explicit legal authority in the Criminal Code for judges to order Gladue reports, it is even more fundamental that reports are properly funded and that report writers are trained in order for the relevant information to be before the court (129)
Kaiser-Derrick and others have criticized the practice of including Gladue content in Pre-Sentence Reports (“PSRs”) that are prepared primarily by probation officers in the Northwest Territories, in that this results in having “an agent of the colonizer prepare a report on the effects of colonialism” (129–130)
Summary
Kaiser-Derrick argues that sentencing judges should use the victimizationcriminalization continuum together with a Gladue analysis in order to enhance the overall analysis when sentencing female Indigenous offenders. Indigenous women are vulnerable to victimization and subsequent criminalization.
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