Opening Ceremony by Elder

Welcome and Introduction from the Chairs

Murray G. MacDonald, Director, Aboriginal Justice Leadership Team, Criminal Law Division, Ministry of the Attorney General (Ontario)
Jonathan Rudin, Program Director, Aboriginal Legal
Services of Toronto

Judy L. Mungovan, Counsel, Aboriginal Justice Leadership Team, Criminal Law Division, Ministry of the Attorney General (Ontario)
Erin Winocur, Assistant Crown Attorney - Criminal Law Policy Division, Ministry of the Attorney General (Ontario)
Mandy Wesley, Staff Lawyer, Aboriginal Legal Services Toronto

These speakers will identify and discuss the various opportunities for intervention along the justice continuum. Each stage along that continuum, whether it is when the charge is first laid, a first court appearance, a bail hearing or a sentencing hearing, is a potential opportunity to improve the justice response to Aboriginal offenders. Specific case examples will be used to inform the discussion.

Gladue Before the Courts

Erin Metzler, Lawyer, Legal Aid Ontario

Ms. Metzler will examine some significant decisions by Courts of Appeal and trial courts in relation to Gladue over the past two years.

Refreshment Break

Making Gladue Work in Practice: Two Case Studies

Moderator
The Hon. Justice Deborah Austin, Ontario Court of Justice

Panellists
Trevor Jukes, Assistant Crown Attorney, Thunder Bay, Ministry of the Attorney General (Ontario)
Shelly Vanderhoef, Courtworker Supervisor Aboriginal Legal Services Toronto
Rosemary Smith, Manager, Victim Witness Assistance Program (VWAP)
Jaime L. Stephenson, Ingrassia Macaluso Stephenson

Working from two case studies, this panel will offer some valuable advice on how Gladue principles can inform negotiations and discussions at the bail and sentencing stages of the justice continuum.

The Unique Circumstances of the Aboriginal Offender:
Adoption and Foster Care

Cindy Blackstock, M.M., PhD, Executive Director First Nations Child and Family Caring Society of Canada

Charlene Avalos, Director of Support Services, Native Child and Family Services of Toronto

Aboriginal offenders are more likely than other offenders to have been adopted or otherwise involved with the child welfare system. This session will provide a front-line look at the systemic reasons why adoption and foster care are such significant issues for Aboriginal offenders, its ramifications in the criminal justice context, and some mitigation strategies.

Networking Luncheon

Aboriginal Community Justice Programs: Realizing Gladue Outside of the Courts

Moderator
The Hon. Justice Peter Griffiths
Associate Chief Justice, Ontario Court of Justice

Panellists
Lora Mackie, Barrister and Solicitor Justice Coordinator, United Chiefs and Councils of Manitoulin (UCCM)
Christine Smith-Parnell, Executive Director, Vancouver Aboriginal Transformative Justice Services Society
Paula Marshall, Program Director, Mi’kmaw Legal, Support Network

Aboriginal Justice programs have a long history of working successfully with Aboriginal people who are in conflict with the law. This panel will look at three very different Aboriginal Community Justice programs operating across Canada, their respective approaches, successes, some best practices and lessons learned.

Refreshment Break

Gladue Courts: Changing the Way We Work, Changing the Way We Think

Paula Maurotto, Department of Sociology, University of Toronto
Kelly Hannah-Moffat, Department of Sociology, University of Toronto

Roundtable Discussion

The Hon. Justice Brent Knazan, Ontario Court of Justice
Jill Witkin, Deputy Crown Attorney, Old City Hall Specialty Courts, Ministry of the Attorney General (Ontario)
Dan Johnson, Dan Johnson Criminal Law

Ms. Maurotto and Ms. Hannah-Moffat have observed Gladue Courts and have found that the way in which these judicial decisions were arrived at involved a larger number of people and more and different perspectives than other judicial decisions. They will present their findings.

Following this presentation, there will be a roundtable discussion among two experienced lawyers, representing Crown and defence perspectives and a judge, all who are regularly working in Gladue Courts. They will reflect on their experiences in light of the study.

Concluding Remarks
Closing Ceremony by Elder

Conference Ends