BC Judge Alerts Courts to Surge in Indigenous Identity Fraud Cases
A warning from a British Columbia judge suggests that Canadian courts will soon face a wave of Indigenous identity fraud cases.
Provincial Court Judge David Patterson believes this trend is driven by non-Indigenous individuals seeking benefits they associate with identifying as Indigenous.
He emphasizes the importance for judges to be aware of this issue and to demand proof that confirms an offender’s entitlement to be sentenced as an Indigenous person.
The application of Gladue factors, a set of guidelines requiring courts to consider an Indigenous person’s background during sentencing, could involve factors like family trauma, poverty, and cultural separation contributing to their offense.
In a recent ruling, Judge Patterson found that the accused individual, who made questionable claims of Métis identity based on “family lore,” did not meet the necessary criteria for Gladue factors to apply.
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Pastor Nathan Allen Joseph Legault was convicted on charges related to child pornography.
Mr. Legault claimed Métis identity due to his ancestor’s affiliation with the Haudenosaunee Confederacy.
Judge Patterson determined that Mr. Legault’s self-identification as Métis did not qualify for the consideration of Gladue factors in his case.
His family history, according to the ruling, did not have a legally significant negative impact on him.
