Access to Justice for Indigenous Persons Being Sentenced in Ontario: An Approach to Wicked Problems

It appears your Web browser is not configured to display PDF files. Download adobe Acrobat or click here to download the PDF file.

Click here to download the PDF file.


Carlson, Jonathan Eric




In 1996, Parliament passed s.718.2(e) of the criminal code of Canada. In doing so, recognized the injustices experienced by Indigenous populations at the hands of our criminal justice system. Nearly 26 years later, and Indigenous overrepresentation in custody across Canada is still rising. This pattern of injustice raises the question, what is stopping Indigenous persons from accessing justice? By exploring the field of access to justice and defining access to justice as containing procedural, substantive and symbolic elements, this thesis applied a unique approach to measuring access to justice based on the leading approaches of access to justice research. By focusing on the experiences of defence counsel who work within the Gladue framework of sentencing and applying an expansive conception of access to justice to guide the inquiry, this thesis attempts to shed light on the barriers to accessing justice that are faced by Indigenous persons being sentenced.


Criminology and Penology




Carleton University

Thesis Degree Name: 

Master of Arts: 

Thesis Degree Level: 


Thesis Degree Discipline: 

Legal Studies

Parent Collection: 

Theses and Dissertations

Items in CURVE are protected by copyright, with all rights reserved, unless otherwise indicated. They are made available with permission from the author(s).