Aboriginal Youth Justice: The Over Incarceration Crisis and the Role of Gladue Principles at Bail
Bibliographic record
Abstract
There is a crisis in Canada involving our criminal justice system: the over incarceration of Aboriginal people. The situation is even starker when it comes to Aboriginal youth. Parliament and the courts have recognized this issue and taken steps to remedy this phenomenon through legislation and interpretation of relevant provisions. Section 718.2(e) of the Criminal Code was introduced as an amendment to provisions on sentencing, urging judges to consider the unique circumstances of Aboriginal people. R v Gladue, a 1999 case by the Supreme Court of Canada, interpreted section 718.2(e), providing more clarity on how exactly to recognize the history of colonization and displacement that First Nations communities experienced and consider the unique circumstances of Aboriginal people that factor into their interactions with the justice system. These considerations came to be known as Gladue principles. This research involves the application of Gladue principles at the bail stage for Aboriginal youth. While there has been some research conducted around the application of Gladue factors at bail for adults, there is very limited research and conflicting messages by the courts when it comes to Gladue principles for youth bail decisions. This research examined reported youth bail cases involving an Aboriginal accused and documented if and how Gladue principles were applied in each case. The research has shown that cases involving Aboriginal youth have not consistently applied Gladue principles to bail decisions. This is likely, at least in part, because of the Youth Criminal Justice Act (YCJA), which places emphasis on alternatives to imprisonment for youth involved with the justice system. Although presenting alternatives to custody is part of the aims of a Gladue analysis, it is argued in the research that relying on the YCJA alone does not satisfy the factors involved in a Gladue principles application, and therefore, Gladue should be applied consistently to youth bail cases. This paper aims to present justification for Gladue principles at youth bail as well as ways in which this application could be carried out.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.007 | 0.016 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.023 | 0.021 |
| Scholarly communication | 0.009 | 0.004 |
| Open science | 0.002 | 0.008 |
| Research integrity | 0.003 | 0.008 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".