Theorizing a way out of reformist reforms: Gladue reports and penal abolition

Abstract

One of the central concerns of abolitionists is not falling into the trap of implementing reforms in the criminal punishment system that maintains hegemonic, oppressive power structures. The challenge is determining which reforms lead toward abolition and which are reformist reforms, entrenching the status quo. This critical, narrative study analyzed a reform in Canada, Section 718.2(e) of the Criminal Code (e.g., Gladue), intended to remediate systemic anti-Indigenous racism at sentencing by requiring judges to consider all alternatives to incarceration when sentencing Indigenous peoples. Yet despite the reform in place, Indigenous incarceration rates continue to rise precipitously in Canada. How is it that the Canadian state, even when claiming “remediation,” keeps producing the same—oppressive—result toward Indigenous peoples? Twenty-one semi-structured interviews were conducted with judges from the Ontario Court of Justice ( n = 12) and Gladue report writers ( n = 9) about the utility of Gladue reports. The findings indicate that Gladue is mostly a reformist reform. The article theorizes that a way out of the reformist reform of Gladue, toward abolition, is through honoring Indigenous self-determination and providing reparations in support of Indigenous-led justice.