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Can sentencing of women who are victims of abuse accommodate the social problems that underpin the offending? Having regard to international and national law and policy, is enough being done to keep women offenders from returning to prison?
In 1996 the government changed sentencing laws in Canada. One of the most important changes is the addition of section 718.2(e ) to the Criminal Code of Canada. This section requires judges to look at all reasonable options available other than jail when sentencing offenders, but particularly when sentencing an Aboriginal person. This change occurred as a result of concern about the over representation of Aboriginal people in Canadian prison and detention. Having regard to the development of section 718.2( e) through cases such as R v Gladue and R v Ipeelee in Canada and the international convention on the rights of indigenous people, should the NT Criminal Code be amended to add a similar provision to section 718.2(e ) and, if so, why? If not, why not?
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