LAO in Brief

Updated Gladue panel standards and requirements

Wednesday, November 16, 2016

Effective immediately, LAO is implementing new additions and revisions to the Gladue panel standards. When LAO introduced the Gladue panel standards in 2011, it set out the requirements for representing First Nation, Mtis and Inuit clients in criminal law matters. Five years later, it is time to update and modernize those requirements.

The new standards, in addition to requiring panel lawyers to review new case law and LAO LAW memoranda that have been released since 2011, also require lawyers to review those sections of the Truth and Reconciliation Commissions Final Report that specifically address the over-representation of Indigenous persons in the criminal justice system. The new standards also provide additional supports and resources for panel members representing First Nation, Mtis and Inuit clients.

For a full review of the new requirements, please refer to the revised Gladue panel standards, particularly the materials outlined in Schedule A and Schedule B. Existing panel members have until January 2018 to self-report that they have read the new materials listed. Lawyers who are seeking admission to the panel after November 2016 will now be required to read the new material before being admitted to the panel.

The Aboriginal Justice Strategy is proud of the work the panel lawyers do in defence of Indigenous people. An understanding of this new material and standards will greatly assist them in continuing that good work.

Questions

If you have any questions, please contact the Aboriginal Justice Strategy at aboriginalstrategy@lao.on.ca