No abstract submitted.

To access the presentation, please follow the [Link](https://www.youtube.com/watch?v=We5WaHxNA9s)

Batista, C.

Aucun résumé n'a été soumis.

Pour accéder à la présentation, veuillez suivre le [Lien](https://www.youtube.com/watch?v=We5WaHxNA9sk)

Présenté en 2024 lors d'un webinaire de l'Observatoire des Profilages

La reconnaissance du passé colonial : la perspective des avocats de la défense criminelle

This series of projects aim to highlight how criminal defence lawyers in provincial courts in Ontario and Québec take into account social and systemic factors (e.g. past and present poverty, racism, social exclusion, lack of housing, mental health and substance use supports, collateral consequences) throughout the legal process and in their practice. It intends on documenting and analyzing (1) when and how they consider and respond to social disadvantage in their professional practice, (2) strategies used to negotiate bail, diversion, and plea bargaining, (3) arguments and formal evidence used at sentencing stages and (4) collaboration with nonlegal stakeholders who contribute to legal narratives and practices.

The aim of these projects is also to better understand how local practices and perspectives have changed because of the pandemic and other intersecting issues (ex: legal aid cuts, bail directives, IRCA) have impacted your perspective and practice.


Highlight how criminal defence lawyers in provincial courts in Ontario and Québec take into account social and systemic factors throughout the legal process and in their practice.

Criminal defence lawyers and the representation of marginalized clients in Ontario and Québec

In Canada, research shows that indigenous people have been overrepresented in the criminal justice system for decades This phenomenon has been tied to colonialism by many Jurisprudence and modifications to Canada’s criminal code have been following along with this approach. R. v. Gladue and R. v. Ipeelee made significant considerations involving the duty of judges to recognize the unique circumstances of indigenous accused. Much ink has been spilled about the application of Gladue principles through case study analyses. What could complement and extend this work, is an empirical account that analyzes criminal defence lawyers’ point of view when presenting these types of considerations in criminal courts. I draw on 75 semi-structure interviews with 64 criminal defence lawyers representing indigenous clients in urban, suburban, northern, remote and rural areas of Ontario. When talking about court officials recognizing arguments about anti-indigenous discrimination, violence and colonial state harms, participants presented a somewhat predictable stance: it depends on multiple factors, including, but not limited to who they are, who is in front of them, what is the jurisdiction and type of court they are presenting their case at, who their client is and what crime they committed. Still, court officials still appear to disregard Gladue directives. My findings denounce the unsuitability of traditional courts to many indigenous peoples, all while illustrating how Canada’s criminal courts are embedded in and reproduce inequalities. They also emphasize the critical need for increased funding for lawyers representing marginalized indigenous defendants.

To access the thesis please follow the link: https://hdl.handle.net/1866/33987

Court officials and the legal relevance of anti-indigenous discrimination, violence & colonial state harms

Presented in 2024 at a Observatoire des Profilages's webinar