You are working as part of your articling program at a law firm in Toronto.

You are working as part of your articling program at a law firm in Toronto. One of the senior partners has asked that you to write a short article on the legacy of R. v. Gladue in terms of addressing disproportionate overrepresentation of Canada’s Aboriginal peoples in correctional facilities. The partner is hoping to raise awareness in the firm, and within the broader community, about how this case affected Canadian law, and the application of S718.2(e) of the Canadian Criminal Code. While there are plenty of opinions circulating about whether ‘Gladue Courts’ or ‘Gladue Reports’ are effective, there isn’t a lot of discussion about the underlying issue of structural racism that S718.2(e) (and the R. v Gladue ruling) was trying to address. The senior partner has heard that you’ve studied issues of discrimination and inequality in Canadian Law and is hoping you can write a something that will explain some of the nuances of this question to others in the community

Consider and discuss what R v Gladue was intended to address, and how the key conceptual tools drawn from the assigned readings help us understand both the problem and the potential insufficiency of how the law has responded.

* For this question you draw on the cases of R. v Gladue and R. v Jackson. No additional sources (newspaper articles, outside academic articles, or analysis) are required or permitted 

R. v Gladue: https://casebrief.fandom.com/wiki/R_v_Gladue  

R. v Jackson: https://casebrief.fandom.com/wiki/R_v_Jackson