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Calgary Herald

Alberta judge rejects robber's Indigenous identity claims, proposes test for deciding who should and shouldn't get Gladue reports

An Alberta judge is proposing new guidelines for how courts handle people who say they are Indigenous during sentencing hearings, but don't have proof to back up their claims. Article content Last month, Justice Jordan Stuffco of the Alberta Court of Justice sentenced Jonathan Anthony Ninan to 33 months in prison for robbing a Leduc sports bar, after Ninan admitted to pointing a replica firearm at the bar's lone female employee and making off with $12,000 cash. Article content Article content Article content After pleading guilty to a pair of charges, Ninan requested a Gladue report, a pre-sentence document which examines the impacts of government policy towards Indigenous people on an Indigenous person's criminal conduct. Article content Article content While some offenders' claims of Indigenous identity are uncontroversial, Ninan had only the vague sense that his mother — with whom he has had almost no contact since age 10 — had 'some ancestral connection to an unspecified Indigenous community,' Stuffco wrote. Article content 'Although Mr. Ninan endured substantial childhood trauma and intergenerational harm due to abusive and neglectful biological parents, I do not find these factors are connected to Indigeneity,' wrote Stuffco, a member of the Métis Nation of Alberta. Article content 'I find Mr. Ninan is not an Indigenous offender because there was no meaningful evidence, other than self-identification, establishing Mr. Ninan as an Indigenous person.' Article content Article content The decision comes amid ongoing debate over Indigenous identity fraud, including deeper examination of Indigenous identity claims from public figures in government, pop culture and academia. Article content Article content Stuffco did not accuse Ninan of trying to mislead the court, noting the 24-year-old simply knew little about his mother 'due to his chaotic and abusive family history.' Article content Gladue reports Article content Since the Supreme Court of Canada's 1999 decision in R. v. Gladue — the first case to interpret Criminal Code amendments aimed at addressing the over-representation of First Nations, Métis and Inuit people in Canadian prisons — Indigenous offenders have been able to request pre-sentence reports examining their family histories and how government Indigenous policy may have contributed to their criminal behaviour. Article content Gladue and subsequent cases recognized Indigenous people 'endured many generations of unparalleled systemic abuse and discrimination at the hands of all levels of government,' Stuffco wrote, including residential schools, displacement from traditional lands and adoption into non-Indigenous families.