Recorded Seminar: “Ethical Considerations for Counsel Representing Indigenous Clients”


Recorded: 30 September 2022, 72 minutes

In cases like Gladue and Ipeelee, the Supreme Court has reiterated the importance of ensuring that the interests of Indigenous offenders are properly represented. What does that mean on the ground? In this seminar, Jonathan Rudin explores how and why Gladue operates, considers the important role of counsel in determining the foundational requirements for 718.2(e)(sentencing) and 493.2 (bail) and explains how counsel needs to communicate with Indigenous accused. In addition, he highlights a useful road map for communicating the client’s cultural background to the court and provides tips for a hearing in which the client is self-identifying as Indigenous, but there is a significantly lack of correlation between their assertion and a tangible connection to the Indigenous Community.