A British Columbia judge warns of a surge in Indigenous identity fraud cases driven by non-Indigenous people's desire for benefits. Judges are urged to require proof of entitlement to be sentenced as an Indigenous person. The Gladue factors, considering an Indigenous person's background during sentencing, are highlighted. A recent case involving pastor Nathan Allen Joseph Legault, convicted of child pornography charges, is mentioned.
A British Columbia judge is warning that what he calls a “tsunami” of Indigenous identity fraud cases is coming to Canadian courts. Provincial Court Judge David Patterson says that’s driven by the “desire” of non- Indigenous people to access what they deem to be benefits of identifying as Indigenous . He said in a recent ruling that judges must be “alive to the issue” and require proof that ensures an offender is entitled to be sentenced as an Indigenous person.
A set of guidelines known as Gladue factors requires courts to consider an Indigenous person’s background during sentencing. Those principles could include family trauma, poverty and whether being separated from their culture could have contributed to their offence. In this case, pastor Nathan Allen Joseph Legault was convicted on charges related to child pornography. The crimes revolved around communication with two minors he met while serving as a youth camp director and as a pastoral intern in Saskatchewan and Windsor, Ont
Indigenous Identity Fraud Canadian Courts Benefits Sentencing Gladue Factors Non-Indigenous Pastor Child Pornography
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