WALTER OWEN BOOK PRIZE 2019 WINNER
Indigenous People and the Criminal Justice System, 3rd Edition
Look Inside

Indigenous People and the Criminal Justice System, 3rd Edition

Jonathan Rudin
General Editor(s): Brian H. Greenspan, Vincenzo Rondinelli
Coming Soon

Indigenous Peoples are the most overrepresented population in Canada’s criminal justice system and meaningful change is long overdue.

Indigenous People and the Criminal Justice System, 3rd Edition examines how Indigenous peoples’ experiences within the system are interwoven with colonization, displacement, intersectionality, and the ongoing impacts of residential schools. This updated edition provides practical guidance on approaching the legal, social, economic, and political factors affecting their experiences, such as poverty, unemployment, and the removal of cultural identity.

Significant updates address developments in Gladue principles and sentencing, including new coverage of conditional sentences, Indigenous self-identification, and the consideration of systemic and background factors in sentencing decisions. Expanded discussion explores how Gladue principles apply beyond sentencing, addressing youth justice matters, dangerous offender designations, parole hearings, criminal and civil contempt cases, and professional disciplinary proceedings.

Case law and statistics have been updated throughout, with expanded material on Fetal Alcohol Spectrum Disorder and updated discussion of sentencing circles in the context of intimate partner violence, supported by representative ccase law.

Combining legal analysis and practical guidance with an examination of Indigenous justice issues, this contemporary resource equips judges, Crowns, defence counsel, and criminal justice professionals with the essential tools and information needed to navigate legal matters involving Indigenous people within Canada’s criminal justice system.

Buying Options

Select the format you wish to purchase

Print

Returnable
$149.00
  • ISBN/ISSN: 978-1-77462-947-5
  • Status: Coming Soon
  • Cover: Softcover

Digital

Lifetime Access
$121.00
  • ISBN/ISSN: 978-1-77462-948-2
  • Status: Available
This item is final sale. No returns will be accepted.

Supplements

There are no supplements available.

Bundles

There are no bundles available.
ISBN
9781774629475
Page Count
450
Publisher
Emond Publishing
Publication Date
September 2026
Status
Coming Soon
Subjects
Aboriginal, First Nations, and Indigenous Peoples; Criminal Law and Procedure; Criminal Law Series
Tags
Practice Canadian Law

  • Foreword by the Honourable Harry S. LaForme, former Justice of the Ontario Court of Appeal.

  • Includes a sample mock Gladue Report.

  • Practical strategies for mitigating systemic discrimination against Indigenous people within Canada's criminal justice system.

  • "Best practices" sections for counsel and members of the judiciary.

  • Significant updates to Chapter 4, ‘Gladue and Sentencing,’ with recent case law, including:

    • Indigenous self-identification (R v Legault) and consideration of the types of sentencing procedures.

    • Sentencing procedures that may be appropriate in light of an individual's systemic and background factors (R v Macintyre-Syrette), including how dislocation from one's Indigenous community should be treated as a factor (R v Kehoe, R v Clement, and R v Hamer).

    • Updated treatment of joint sentencing submissions (Nowkawalk v R).

    • Sentencing ranges and proportionality (R v Parranto).

    • Sealing Gladue Reports (R v Obed).

    • New cases on Gladue principles in the trial context, including expanded coverage of Fetal Alcohol Spectrum Disorder (FASD), and new material on conditional sentences with representative case law.

    • New material on sentencing circles in the context of intimate partner violence with cases addressing whether it is appropriate to hold a sentencing circle (R v Andrews).

  • Up-to-date coverage of major commissions and inquiries, including the 2019 Final Reports by the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG), the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: Listening, Reconciliation and Progress, and more.

  • Discussion on the three major Supreme Court cases addressing Indigenous people and the criminal justice system—Williams, Gladue, and Ipeelee.

  1. Commissions and Inquiries: Themes and Variations

  2. Working with Indigenous People in the Legal Context

  3. The Trilogy: Williams, Gladue, and Ipeelee (and a Few Others)

  4. Gladue and Sentencing

  5. Gladue Beyond Sentencing

  6. Fetal Alcohol Spectrum Disorder

  7. Sentencing Circles

  8. Indigenous Courts

Appendix A: Mock Gladue Report

Indigenous People and the Criminal Justice System has been cited in the following court cases:

Chapter 1: Commissions and Inquiries: Themes and Variations

"Often we say that truth is stranger than fiction, in the case of this practitioner’s handbook, we can say that truth, like good fiction, can move us to do great deeds. Although the book can be considered a legal treatise, it shows that the law does not need to speak in code to be understood. It is a book which I will keep on my shelves and unreservedly recommend to any future or present legal practitioner. It is a book for sharing and for shared dialogue on what we can do in our profession to right the wrongs of the past. Most of all, however, it is a book offering the promise of a better future for Indigenous justice to be read and fulfilled by us all."

Read the full review here.

—Lisa Silver, Assistant Professor, University of Calgary, Faculty of Law
Excerpt from Ideablawg

"Jonathan Rudin is a true authority in the area. This is an important book for all those working in criminal law, and valuable reading for defence, Crowns, and judges."

—Sherri Davis-Barron, Crown Counsel with the Public Prosecution Service of Canada,
Author of "Youth and the Criminal Law in Canada"

"Indigenous People and the Criminal Justice System provides a comprehensive background of the evolution of the interaction of Indigenous people with the criminal justice system, while giving practitioners useful and practical tools to better interact and advocate for their clients. Indeed, the book is an important resource for lawyers who are committed not only to reconciliation but to providing competent legal counsel to their Indigenous clients."

Read the full review here.

—Anne-Marie McElroy, Criminal Defence Lawyer
Excerpt from McElroy Blog

"The Handbook serves as an excellent tool, not only for defence counsel, but for anyone in the legal profession who may find themselves working with clients or accused persons that are Indigenous persons. The history of the relationship between the Canadian justice system and Indigenous peoples is both long and complex. However, this Handbook presents the most legally relevant aspects of this history in a way that is both concise and accessible, making it a perfect resource for a busy practitioner seeking a practical, working grasp of the material."

Read the full review here.

—Brayden McDonald, Student Editor, Robson Crim Legal Blog

"[A] great resource for criminal practitioners dealing with Indigenous legal issues in the criminal context. Really informative chapter on Gladue, Williams and Ipeelee."

—Louise Tansey, Criminal Lawyer
Part-time Professor, University of Ottawa, Faculty of Law
 

*Please note that all testimonials were received after review of Indigenous People and the Criminal Justice System, 1st Edition.


“Jonathan Rudin is a true authority in the area. This is an important book for all those working in criminal law, and valuable reading for defence, Crowns, and judges.”

—Sherri Davis-Barron
Crown Counsel with the Public Prosecution Service of Canada




 :

Related Products

Criminal Appeals, 2nd Edition

Digital Evidence, 3rd Edition

Indigenous Law and Canadian Criminal Justice

Modern Criminal Evidence, 2nd Edition

Search and Seizure

Sentencing: Principles and Practice, 2nd Edition