Aboriginal Criminal Lawyer
When you are an Aboriginal person charged with a crime, the Courts must take into consideration your cultural heritage and family background. As a Senior Criminal Lawyer we know whether you are status or non-status, living on or off reserve, living in a city or in a rural community, a Judge must take into account your ancestry. Additionally, a Judge must look at all sentencing alternatives and not just jail when conducting a sentencing hearing.
We have handled several high profile cases that successfully used the resources available to First Nations clients such as Gladue Reports. A Gladue Report, named after the Supreme Court of Canada decision of R. v. Gladue, advises a sentencing Judge of the client’s First Nation background and reviews any of the factors that have placed Aboriginal persons at a greater risk for incarceration in Canada.
The lawyers at Smordin Law have extensive experience representing Aboriginal clients as both youths and adults.
We have an excellent working relationship with the Hamilton Regional Indian Centre (HRIC), Aboriginal Court support liaison and Aboriginal Legal Services of Toronto. The resources offered by HRIC can be helpful in either mitigating sentence or diverting a case so that a criminal record is avoided all together. Click here to visit the HRIC website.
We know and use the most recent and persuasive case law that supports less restrictive sentences and alternatives to incarceration for our Aboriginal clients. This is particularly important in the cities such as Hamilton, Burlington, Milton, Simcoe, Cayuga, St. Catharines, Welland, Guelph and Kitchener that currently do not have a special Gladue Court for First Nations persons. A Gladue (Aboriginal Persons) Court is a unique court that only deals with bail hearings, pleas and sentencing for self-identifying Aboriginal Persons. Gladue Courts are more in line with traditional Aboriginal justice with a particular focus on healing and restorative justice.
In the absence of Gladue courts, it is even more important that you have experienced lawyers on your side who will passionately advocate for your rights and obtain an outcome that recognizes your ancestry.
Smordin Law has handled several high profile cases on behalf of Aboriginal clients.
Whether it is a bail hearing or a sentencing hearing the criminal defense lawyers at Smordin Law will step you through the entire procedure, empower you through knowledge, educate you on your rights, and let your voice be heard.