The Supreme Court of Canada has released its decision in R. v. Cope, a case regarding Indigenous sentencing circles and restorative justice. The Indigenous Bar Association in Canada (IBA), represented by Fogler, Rubinoff LLP's Katherine Hensel and Adam Wheeler, intervened to provide submissions on the importance of Indigenous laws, restorative justice, and improving outcomes for Indigenous people in the justice system.
The Supreme Court's landmark decision affirms that Indigenous laws and legal processes must be respected. The Court held that sentencing Indigenous offenders may require braiding Indigenous laws and bringing an Indigenous legal lens to the issues of Indigenous criminalization and victimization.
"Indigenous laws are laws. The Supreme Court decision recognizes that Indigenous peoples have always had ways of keeping their communities safe. These Indigenous laws and legal processes must be part of the solution to the criminalization and victimization of Indigenous people." – Katherine Hensel
The IBA was represented in the case by Katherine Hensel and Adam Wheeler of Fogler, Rubinoff LLP