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Title:
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'Gladue' was A Woman: Should Sentencing From a Restorative Perspective Also Be Feminist?
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Author:
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Savarase, Josephine
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Source:
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6th International Conference on Restorative Justice
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Date:
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06/01/2003
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Subject:
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Current Legal System - Legal Cases
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Call Number:
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220.03.04
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Type:
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Paper
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Abstract:
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Paper presented at the 6th International Conference on Restorative Justice, June 2003:
In 1999, the Supreme Court of Canada released the historic judgment, R. v. Gladue. The decision is praised for endorsing
sentencing alternatives that reflect the unique circumstances of Aboriginal offenders.
A fact that is generally overlooked is that the accused, Marie Gladue, was female and Aboriginal. The paper will argue that
Gladue should also be interpreted with a feminist lens that would illustrate the necessity of linking gender and race in the
restorative” sentencing process. It will compare Gladue with the recent Ontario case, R. v. Hamilton and Mason (February 21,
2003). In Hamilton and Mason, the judge provided extensive commentary on how “systemic discrimination” factored into the
sentencing of two black women caught trying to smuggle cocaine from Jamaica. The strengths and limitations of Gladue, Hamilton
and Mason will be highlighted to explore the potential for racialized, class-based, and gendered social relations to be taken
into account in the sentencing process. Decisions like Gladue and others have expanded restorative possibilities. The legal
system could enhance its ability to acknowledge the social inequalities that inform the system’s operation, with the aid of
feminist legal critiques.
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