Understanding Indigenous Sentencing and Intimate Partner Violence in Canada

Content Warning: this article contains descriptions of intimate partner violence.

A Survivor’s Story: Enduring Trauma and Its Aftermath

Brittany Sack, a Mi’kmaw woman from nova Scotia, sought refuge from her ex-partner following the heartbreaking death of their infant child. Rather of safety, she was met with a violent assault where he forcefully slammed her face onto the ground and repeatedly kicked her head and ribs.

This attack took place in the early morning hours of June 27, 2021, captured by nearby security cameras. Now aged 35, Sack sustained serious injuries including fractures to her sternum and fragile bones around her eye socket that required reconstructive surgery. Her left eye remained swollen shut for weeks after the incident.

More than four years later, she continues to experience both short-term and long-term memory difficulties directly linked to this brutal assault.

The Intersection of Indigenous Sentencing Laws and Victim Safety

Sack’s attacker, Harry Cope-also Mi’kmaw-admitted guilt for aggravated assault but contested his five-year prison sentence through multiple appeals culminating at Canada’s Supreme Court. This case highlights challenging legal tensions between sentencing frameworks designed to address systemic issues affecting Indigenous offenders versus safeguarding Indigenous victims of intimate partner violence.

Such conflicts are not rare within Canadian justice systems; Statistics Canada reveals that between 2009 and 2021 nearly 86% of those charged with killing an Indigenous woman or girl were themselves Indigenous individuals.

The Influence of Gladue Principles on sentencing Decisions

This legal debate is rooted partly in the landmark Gladue decision, which led to amendments beginning in the mid-1990s requiring courts to consider ancient discrimination, colonial legacies, intergenerational trauma, and systemic factors when sentencing Indigenous offenders.

Gladue reports, named after Jamie Gladue-the plaintiff whose case established these principles-are specialized pre-sentence documents providing detailed insight into an offender’s personal history as well as community context. Further legislative changes introduced in 2019 mandate courts give “primary consideration” toward preventing violence against Indigenous women-a response shaped by national inquiries into Missing and murdered Indigenous Women & Girls (MMIWG).

A Restorative Justice Process Under Judicial Review

After pleading guilty for aggravated assault at Halifax provincial court in 2022, Cope voluntarily engaged in a sentencing circle-a restorative justice practice involving community members such as elders alongside legal professionals-to determine appropriate consequences while addressing healing needs for all involved parties. Notably absent was Sack herself; she chose not to participate due to fears rooted in past experiences with law enforcement systems perceived as discriminatory toward Indigenous peoples.

• The sentencing circle recommended community-based support services rather of further incarceration;
• Court records show Cope has a lengthy criminal history complicated by addiction struggles along with significant mental health issues;
• An initial provincial court ruling sentenced him to five years imprisonment citing public safety concerns;
• An appeal court reduced this sentence by two years citing inadequate request of Gladue principles;
• The Crown appealed this reduction seeking reinstatement before Supreme Court review commenced recently.

Tensions Between Punishment And Rehabilitation Approaches

Nova Scotia Crown attorney Erica Koresawa stressed during hearings that deterrence must be specifically tailored toward preventing reoffending given Cope’s repeated failures despite prior rehabilitation efforts.
In contrast,
defense lawyer Jonathan Rudin pointed out stark disparities:

“Indigenous Canadians are incarcerated at rates nine times higher than non-Indigenous populations.”

“Reconciliation cannot be achieved through imprisonment alone,” Rudin argued firmly while reminding justices that even severe offenses involving sexual violence against children have historically warranted application of Gladue considerations within Canadian law.
Cope currently faces additional charges-including attempted murder scheduled for trial next year-which complicates judicial decisions balancing his rehabilitation potential against public safety needs.

Courtroom Discussions Reveal Legal Complexities Ahead

• Justice Malcolm Rowe emphasized severity stating: “He nearly took another person’s life!” underscoring gravity must remain central despite broader debates;
• Doubts emerged among several justices about whether Judge Driscoll sufficiently considered recommendations from restorative justice circles given victim absence;
• Skepticism arose regarding how much weight such circles should carry when victims do not participate or provide impact statements;

Navigating Challenges Around Victim Engagement Within Justice Systems

Boucher-a scholar specializing in Gladue report preparation-noted many victims avoid full engagement primarily due to mistrust stemming from historical injustices faced by Indigenous communities across provinces.
Renée Lagimodière representing Manitoba’s Attorney General emphasized it remains vital not only to recognize offenders’ backgrounds but also acknowledge ongoing burdens disproportionately borne by women subjected repeatedly to cycles of abuse.
Madeleine Redfern-the interim CEO representing Native Women’s Association-urged caution against assumptions about victim consent or acceptance when survivors choose silence or non-participation:

“Without hearing directly from survivors like Ms.Sack ourselves we risk making harmful presumptions.”

Brittany Sack Advocates For Fair Solutions That Honor All Perspectives

Sack openly shared why distrust prevented her involvement throughout various stages:
“Growing up on my first Nation reserve I learned quickly how words can be twisted against you,” says Sack who hails originally from Sipekne’katik First Nation.
“I don’t feel adequately protected or supported.”

• Sack declined police interviews fearing bias;
• No victim impact statement was submitted partly because she feared backlash if harsher penalties were imposed;
• Misinformation regarding eligibility for attending sentencing circles caused additional confusion;

“When overwhelmed I tend emotionally shut down wholly,”

says Sack reflecting candidly.

A granddaughter of residential school survivors-and having overcome personal struggles including substance dependency-Sack has experienced restorative justice firsthand as an offender participating meaningfully within similar circles where trusted elders helped facilitate unique healing processes sometimes only possible through such forums.
Now sober close to five years,Brittany is rebuilding life alongside new family members including two young children under care .

“I’m doing well now – slowly piecing my world back together,” she says cautiously optimistic yet reserved concerning what punishment might best suit her abuser:
“The courts need find balance between accountability & healing.”