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Waaseyaa Giizhigo Kwe, Caitlyn Elizabeth Grace Kasper
July 8, 1986 - December 20, 2024
Our community has lost one of its powerful legal Ogichidaakwe (Warrior Woman). Her fierce and passionate advocacy for Indigenous people and families will be missed. Her beautiful smile and great laugh will as well. The entire staff at Aboriginal Legal Services (ALS) mourns her loss and sends love to her family and community. Caitlyn worked for ALS for over 10 years. She was a strong Georgina Island member, a brilliant individual and shining star. She was a friend to many, a strong lawyer, and great colleague. She was always standing up and speaking against injustices toward Indigenous people. She had so much to offer our community, and we have lost her way too soon. She has been before all levels of Court, including as lead counsel for ALS at the Supreme Court of Canada; she compassionately represented families in Inquests; and was academically stellar. She was the WARRIOR you wanted in your corner...never backing down or never being okay with the status quo. She was unapologetic in defence and support for Indigenous people and our rights. It is still hard to believe she will not be in our workplaces and our lives will be different without her. Hug your people and hold them close. In the near future we will post a memorial page in honour of Caitlyn to celebrate her life and achievements.
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On February 10 and 11, 2025, Amanda General, Senior Manager, Gladue Writer Program, and Desiree Duplessis, Senior Manager, Gladue Caseworker Program attended Exploring Justice: Our Way a conference hosted by the Council of Yukon First Nations at the Kwanlin Dun Cultural Centre in Whitehorse, Yukon.
The two-day gathering brought together Yukon First Nations and partners to discuss, and work toward the implementation of justice programs and practices, throughout the territory. |
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On February 12, Amanda and Desiree presented on Aboriginal Legal Services Gladue Program, and the benefits of utilizing Gladue Caseworkers and Aftercare to help individuals succeed after sentencing.
Foregoing sleep, Amanda and Desiree also went looking for the Aurora Borealis and were lucky enough to watch them over Fish Lake within the Settlement Lands of Kwanlin Dun First Nation, with a wolf pack in the distance. After conferencing, Amanda and Desiree also traveled the Klondike Highway and Alaska Highway to Carcross/Tagish First Nation, and Kluane National Park and Reserve, which is home to Canada’s tallest mountain, and largest non-polar icefields in the world. |
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Advocating on Behalf of Indigenous Clients – One Day Conference In Niagara – March 22
Please join us for Tsi Ní:yoht Ayonterihwahskéhnha’se’ ne Onkwehón:we Aorihwà:ke - Advocating on Behalf of Indigenous Clients on March 22 at the Hilton, Niagara on the Lake.
A free conference focusing on Indigenous world views, sentencing circles, Indigenous identity, trauma informed practice, and best practices for working with Indigenous clients navigating the justice system. |
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Staffing News
There have been some changes at the senior staff level at Aboriginal Legal Services.
Chantell Barker, our Executive from February 2023, has moved back to Manitoba. The Board has hired an executive search firm to seek out a new Executive Director. Until a new Executive Director is in place, Jonathan Rudin, Special Projects Director will take on those responsibilities of the Executive Director that can’t wait.
We also welcome Dustin Fortier to ALS as our Program Director.
My name is Dustin Fortier. My family is from Biigtigong Nishnaabeg, formerly known as Pic River First Nation, in Northwestern Ontario, but I grew up in Nipigon, Ontario.
I have over 12 years of experience spanning government, business, and non-profit sectors. I am an impact-driven professional who is passionate about advancing strategic initiatives and delivering practical solutions. My journey has equipped me with a deep understanding of legislative strategy, policy development, and public administration, and I’m motivated by a commitment to purposeful work that aligns with my teachings and beliefs.
I would like to thank everyone that I have met at ALS so far, everyone has been very welcoming, helpful and most kind. I am always eager to connect with new people, explore new opportunities, and share insights on how to drive organizational culture. If you’re interested in discussing new opportunities, potential collaborations, or just want to chat I’d love to connect, please feel free to reach out anytime.
If you’d like to take Dustin up on his offer to chat his email is dustinfortier@aboriginallegal.ca
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ALS at the Ontario Court of Appeal in R v Wesley
ALS appeared as an intervener at the Ontario Court of Appeal for Ontario on September 16 and 17, 2024 in the matter of R v Wesley. The court released their decision in the matter on January 24, 2025.
Mr. Wesley was 18 and living in Cat Lake in Northern Ontario. On December 6, 2017, while very intoxicated he shot and killed his father and his best friend. He admitted to the killings immediately and was charged with two counts of first degree murder. The matter went to trial on the issue of whether he was guilty of first or second degree murder or manslaughter. He was convicted of second degree murder.
At his sentencing hearing, the crown and defence counsel jointly proposed that the be found ineligible for parole for 18 years. The judge felt he was bound to accept the joint proposal by the Supreme Court of Canada’s decision in R v Anthony-Cook. That case established that judges should not easily depart from a joint submission on sentence following a guilty plea.
On appeal Mr. Wesley challenged his conviction arguing he should have been found guilty of manslaughter. He also appealed the sentence.
As an intervener, ALS was focused on the broader question of what sort of joint submissions warrant the protection of the legal test found in Anthony-Cook and what do not as well as well as what restrictions judges face when seeking to undercut a true Anthony-Cook submission.
The court dismissed the conviction appeal but granted the sentence appeal and reduced the parole ineligibility period to 13 years. Overall, the court was receptive to the arguments made by ALS.
In overturning the original sentence, the court found that the judge was not bound by the Anthony-Cook decision because this was not a true joint submission as it did not accompany a guilty plea. Joint proposals following a trial are very different from those that accompany a plea.
The court also found that the sentencing judge did not properly weigh the aggravating and mitigating factors in the case and, the appellant's state of intoxication and agitation on the day of the shootings. The court took notice of Mr. Wesley’s clear and repeated expressions of remorse, his youth, lack of a criminal record, and the systemic impacts of colonization. It emphasized the need to balance the concepts of denunciation and deterrence with the objective of rehabilitation, particularly for a young Indigenous offender.
ALS was represented by Jonathan Rudin and Maxwell Hill.
The full decision can be found here: https://canlii.ca/t/k930m.
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Christa Big Canoe Awarded the King Charles III Coronation Medal |
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On February 3, ALS Legal Director Christa Big Canoe was awarded the King Charles III Coronation Medal in a ceremony at the Senate of Canada Chamber in Ottawa.
This medal is awarded to people who have made a significant contribution to Canada and is a tangible way to recognize outstanding individuals of all ages and from all walks of life who have made a difference in their communities.
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Christa’s name was put forward by the Honourable Senator Yvonne Boyer, who is a member of the Métis Nation. In recognizing Christa, Senator Boyer told her that she put her name forward “because every day you make a difference. You make the world better by being in it. Your advocacy for Indigenous women and children throughout the legal process and equal access to education and care is outstanding.”
In an email to staff who had congratulated her on this success, Christa wrote, “Any time there is recognition like this, I remember that it takes a community, a circle and family to be able to do the type of work we do every day. I only get to do the work I do because of a strong team and organization that truly cares for our people and who promotes their rights while demonstrating compassion for our community members and each other. I am privileged to work with so many fabulous people and this type of acknowledgement speaks to everyone’s efforts not just mine.”
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