“The courts simply cannot continue to rely upon outdated precedent cases and then expect anything to change statistically relating to the over-representation of indigenous people in our jails,” Judge Kevin Lang stated his written decision, recently published to a legal database. “A fundamental change in our approach needs to occur,” he wrote, while also recognizing “impaired drivers in this country, and in particular this province, are a significant problem.
Tawiyaka had 12 prior driving-related convictions. The Crown stressed deterrence and denunciation in seeking 18 months’ jail, a year of probation and a five-year driving ban. “I have found this case to be particularly frustrating from a sentencing perspective. I am keenly aware of the issues outlined in Gladue and the overrepresentation of Indigenous people in our jails,” Lang wrote.“The Court is also very aware of the discussion surrounding restorative justice, reconciliation and the devastating effects of residential schools on Indigenous people.
In his concluding remarks, Lang referenced the Truth and Reconciliation Commission of Canada’s call to action 27, aimed at ensuring lawyers receive the appropriate cultural competency training, including history of residential schools. She co-operated with police, was not driving in an “abhorrent” manner and had “relatively low” blood-alcohol level at .12 as compared to the legal limit of .08.
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