An Alberta court ordered an updated Gladue Report for an Onion Lake Cree Nation woman facing drug trafficking charges in that province.
Tamarah Lee Dillon, 27, had court appearances in Alberta and Saskatchewan on charges stemming from separate incidents. She had an appearance on Feb. 24 in Lloydminster Provincial Court for breaching condition of her release. The matter was adjourned to Aug. 4.
She had an appearance in St. Paul Provincial Court Feb. 18 on drug trafficking charges. The St. Paul court adjourned her matter until April 8 to allow time for an updated Gladue Report. A Gladue Report is a pre-sentence report typically prepared by Gladue caseworkers at the request of the judge, defense or Crown Prosecutor.
By law, judges must consider Gladue factors when sentencing First Nations people. Section 718.2(e) of Canada’s Criminal Code stipulates that judges must clearly address an Aboriginal offender’s circumstances, as well as the systemic and background factors that contributed to those circumstances.
Gladue was a landmark Supreme Court of Canada decision handed down in1999. In 2012 the Supreme Court of Canada ruled that the Gladue Principle also applies to breaches of long-term supervision orders. The ruling says that failing to take Aboriginal circumstances into account violates the fundamental principle of sentencing.
The Gladue Principles also state that restorative justice may be more appropriate for Aboriginal offenders. Restorative justice focuses on healing those affected by the criminal act, including the offender, which is more in line with traditional Aboriginal justice. This restorative justice approach is also meant to act as a solution to reducing the over-representation of Aboriginals in Canadian jails.
Dillon was wanted on a Canada-wide arrest warrant in December 2018 for being unlawfully at large. She remains in custody.
