Seminar: “Ethical Considerations for Counsel Representing Indigenous Clients”


11am MST, Thursday, 29 September 2022

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 will explore how and why Gladue operates, consider the important role of counsel in determining the foundational requirements for 718.2(e)(sentencing) and 493.2 (bail) and explain how counsel needs to communicate with Indigenous accused. In addition, she will highlight a useful road map for communicating the client’s cultural background to the court and provide 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. Don’t miss this one!

Jonathan Rudin

Jonathan Rudin received his LL.B. and LL.M. from Osgoode Hall Law School in Toronto. In 1990 he was hired to establish Aboriginal Legal Services and has been with ALS ever since. Currently he is the Program Director. Mr. Rudin has appeared before all levels of court, including the Supreme Court of Canada.
At ALS he helped establish the Community Council – the first urban Aboriginal justice program in Canada in 1992, and in 2001 helped establish the Gladue (Aboriginal Persons) Court at the Old City Hall Courts in Toronto.
Mr. Rudin has written and spoken widely on issues of Indigenous justice. His book, Indigenous People and the Criminal Justice System was released by Emond Publishing in 2018 and won the Walter Owen Book Prize from the Canadian Foundation for Legal Research in 2019. A second edition of the book was published in July 2022.
Mr. Rudin teaches in the Masters of Law program at Osgoode Hall Law School and was the Constitutional Litigator in Residence at the David Asper Centre for Constitutional Rights at the University of Toronto Law School in the fall of 2021.

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