Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing an Indigenous client who faces a Crown application for a Dangerous Offender designation. It guides defence counsel through conducting Gladue background investigations, challenging the cultural bias and reliability of standardized actuarial tools under Ewert v. Canada, and proposing community-based restorative risk management plans.
This plan operates under Canadian federal law and applies in provincial and superior courts of criminal jurisdiction across all provinces and territories.
Verify Indigenous status, request Gladue report, and secure initial client details.
The Process at a Glance: The process starts by triggering the Gladue reporting protocol post-conviction. Counsel briefs the Gladue report writer and gathers systemic background evidence. Prior to the hearing, counsel drafts a constitutional application challenging the admissibility and weight of Crown actuarial scores (PCL-R, VRAG), citing their lack of normative validity for Indigenous populations. Counsel collaborates with community elders and Indigenous liaison officers to build a community-based risk management plan. At the contested hearing, counsel presents the Gladue report, argues the actuarial bias applications, and advocates for a restorative sentence under section seven hundred and eighteen point two point e.
Key Legislation and Case Law: The proceeding is governed by the Criminal Code, specifically section 718.2(e) for Indigenous sentencing alternatives, section 753 for Dangerous Offender criteria, and section 752.1 for psychiatric assessments. Relevant authorities include Ewert v. Canada, 2018 SCC 30, R. v. Gladue, [1999] 1 S.C.R. 688, and R. v. Ipeelee, 2012 SCC 13. Search records are available on CanLII (Canadian Legal Information Institute).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Dangerous Offender Designation Defence (Accused) - Indigenous Accused (Gladue & Actuarial Bias Challenge) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
Gather background systemic history and coordinate with Gladue report writer.
Draft Ewert v. Canada applications, and finalize community-based restorative risk plans.
No tasks defined for this stage yet.
Argue Gladue submissions, exclude or limit actuarial risk scores, and secure community elder supervision.
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