What is the Gladue principle?

Gladue principles are a way for the judge to consider the unique circumstances (experiences) of Indigenous peoples. These unique circumstances include the challenges of colonization you, your family, and community faced and resisted as Indigenous people, and continue to affect you today.

What is the purpose of Gladue?

The purpose of a Gladue report is to give the court a complete picture of you and your life, including information about your background, your Aboriginal community, and the specific circumstances that brought you before the court.

Why is it called Gladue?

The process derives its name from R. v. Gladue, a 1999 Supreme Court of Canada decision.

What is Gladue writing?

Gladue Writer Training provides the opportunity for writers to help tell the stories of why and how people become involved with the system. Using the Gladue Report process, sentences can be improved, with courts understanding the root causes of behavior.”

What is Gladue panel?

A Gladue panel member shall: maintain competence in accordance with the Rules of Professional Conduct of the Law Society of Upper Canada and, in particular, maintain knowledge of the substantive law and procedure in the area of Aboriginal issues in criminal law.

Who can write a Gladue report?

Gladue Reports are prepared by publicly-funded Indigenous organizations. The Gladue Writer will interview the Indigenous person and members of their family, if possible, about the accused’s background.

Who do Gladue rights apply to?

Gladue rights refer to the special consideration that judges must give an Aboriginal person when setting bail or during sentencing. Gladue rights apply to all Aboriginal people: status or non-status Indians, First Nations, Métis, or Inuit.

Are Gladue reports mandatory?

Gladue reports are not mandatory, but every self-identifying Indigenous offender is entitled to have one prepared for the judge to consider at sentencing, bail and parole hearings. If an offender does not know to ask for a Gladue report, they may not receive one.

Who writes the Gladue report?

Gladue report writers are generally individuals who have some combination of the following: an expertise on particular Indigenous communities, an educational background working with Indigenous communities or Indigenous peoples in the context of the criminal justice system, and/ or lived experience as Indigenous persons …

How do you get a Gladue report?

Gladue Reports are usually ordered by your lawyer but the judge or Crown may also order one. If you don’t have a lawyer, you can ask duty counsel if they can help you order a Gladue Report. Duty counsel might also suggest that you make a Legal Aid application to hire a lawyer.

How do you become a Gladue writer?

CERTIFICATION INCLUDES 5-10 HOURS GLADUE SKILLS ASSESSMENT

1. Completion of a mock Gladue report to an appropriate standard.
2. Support, direction and oversight through three Gladue reports within one year of training completion.

Does the Gladue report work?

Currently, independent Gladue Reports are available in British Columbia, Alberta, Ontario, Québec, Nova Scotia, and Northwest Territories (Department of Justice Canada 2013). In Manitoba, a few private agencies prepare Gladue Reports, at the request of and with funding from Legal Aid.

When do you need to apply the Gladue Principle?

Therefore, application of the Gladue principles is required in every case involving an Aboriginal offender, including breach of an LTSO, and a failure to do so constitutes an error justifying appellate intervention.

What was the purpose of the Gladue case?

Indigenous appellants Manasie Ipeelee and Frank Ralph Ladue had breached long-term supervision orders (LTSO), and their case consequently centered on the determination of a just sentence for their crimes. The Supreme Court stated that

What happens if you don’t apply Gladue?

Failure to apply Gladue in any case involving an Aboriginal offender runs afoul of this statutory obligation. As these reasons have explained, such a failure would also result in a sentence that was not fit and was not consistent with the fundamental principle of proportionality.

Who is entitled to a Gladue Report in Canada?

All persons who self-identify as Indigenous, including First Nations, Métis and Inuit, have Gladue rights and may prepare a Gladue report for consideration during sentencing. Such a report might outline how a particular offender has been marginalized or otherwise affected as a result of their upbringing.