Ipeelee/Ladue and the Conundrum of Indigenous Identity in Sentencing

R. v. Ipeelee and R. v. Ladue demonstrate the dilemma courts face in their efforts to remedy the historic injustice and systemic discrimination indigenous people suffered in the criminal justice system through accommodating indigenous difference. This paper analyzes how the Supreme Court construes indigenous identity in the application of section 718.2(e) of the Criminal Code when sentencing Ipeelee and Ladue. The Court’s treatment of the character of indigenous offenders, indigenous communities and indigenous legal perspectives is examined. The paper calls into question the Court’s rationale and concludes that Ipeelee/Ladue exemplifies how the criminal justice system uniquely particularizes indigenous identity and in so doing perpetuates law’s troubled legacy of regulating indigenous difference