Overview of Gladue Resources
The Gladue Decision refers to the R. v. Gladue Supreme Court of Canada decision of 1999 looking at section 718.2(e) of the Criminal Code of Canada which required judges to look at all reasonable options available other than jail when sentencing offenders, particularly when it comes to Aboriginal people. The Gladue decision stated that this section was intended as a remedy to the overrepresentation of Aboriginal people in Canadian jails. With this in mind, Gladue reports are written for Aboriginal offenders assessing their life situation and considering their Aboriginal status when determining an appropriate sentence.
In this LibGuide page, you will find resources explaining the Gladue decision and how it effects Aboriginal offenders and their sentencing. You'll also find videos and reports assessing how the Gladue decision has been implemented in the years since the Supreme Court ruling and what the outstanding issues are.
Gladue (First Nations) Courts
The following are locations of First Nations-based courts that operate within Canada.
Aboriginal Courtwork Programs
More information on Aboriginal Courtwork Programs can be found at Justice Canada.
List of Aboriginal Courtwork Programs across Canada
British Columbia: Native Courtworker and Counselling Association of British Columbia
- Native Counselling Services of Alberta Aboriginal Criminal Court Worker Program*
- Rocky Mountain House - Yellowhead Tribal Council Courtworker Services (780) 483-9404
- Siksika First Nation Courtworker Services (403) 734-5128
- Blood Tribe First Nation Courtworker services (403) 737-2555
- Stony Plain- Yellowhead Tribal Council Courtworker Services (780) 483-9404
- Tsuu T'ina First Nation Tsuu T'ina First Nation Court Worker Services (403) 238-5649 / email@example.com
Saskatchewan: Saskatchewan Aboriginal Courtworker Program (306) 787-9307
Manitoba: Aboriginal Court Worker Program of Manitoba (204) 945-3909
- Ontario Federation of Indian Friendship Centres 1-800-772-9291
- Aboriginal Legal Services of Toronto (416) 408-3967
Québec: Native Para-Judicial Services of Quebec (418) 847-2094
Newfoundland and Labrador: Conne River - Miawpukek First Nation Aboriginal Courtwork Program (pilot) (709)882-2124)
- Yukon Department of Justice - Community Justice 1-800-661-0408 ext. 5492
- Dawson City - Tr'ondëk Hwëch'in Aboriginal Courtwork Program (867) 993-5385
- Old Crow - Vuntut Gwitchin Aboriginal Courtworker Program (867) 996-3167
- Pelly Crossing - Northern Tutchone Tribal Council Aboriginal Courtwork Program (867) 537-3827 (Pelly) / (867) 996-2820 (Mayo)
- Ross River - Ross River Dena Council Aboriginal Courtworker Program (867)969-2430
- Watson Lake - Liard First Nation Aboriginal Courtwork Program (867) 536-5219 or (867) 536-5209
- Whitehorse - Council of Yukon First Nations Aboriginal Courtwork Program (2) (867) 667-3781/ (867) 667-3783
Nunavut: Nunavut Legal Services Board (Toll free in the 867 area code) 1-866-240-4006
For further information, please contact:
Aboriginal Courtwork Program
Programs Branch, Department of Justice Canada 284 Wellington Street Ottawa, Ontario K1A 0H8
Or electronically to: firstname.lastname@example.org Or by phone at: (613) 941-4193 Or by fax to: (613) 941-5446
Studies on Gladue Implementation
The following resources assess how the Gladue decision has impacted Aboriginal offenders in the justice system. They are typically research papers and reports from academic, legal, and government sources. Hover your mouse over each item for a brief description.
- Current Directions In Aboriginal Law/Justice In Canada
- Gladue : Beyond Myth and Towards Implementation in Manitoba
- Gladue Practices In The Provinces & Territories
- Gladue Sentencing: Uneasy Answers To The Hard Problem Of Aboriginal Over-Incarceration
- Ipeelee and the Pursuit of Proportionality in a World of Mandatory Minimum Sentences
- Restorative Justice In Aboriginal Communities
- Restorative Justice: A Conceptual Framework
- Sentencing Aboriginal Offenders In A Large City: The Toronto Gladue (Aboriginal Persons) Court
- Sentencing Within A Restorative Justice Paradigm: Procedural Implications Of R. v. Gladue
Gladue Report Writing Courses
The following resources are articles that have appeared in the press assessing the Gladue decision and how it has been implemented in the years since the Supreme Court decision.
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Other Guides to Check Out
For other relevant guides, please check out the following.
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What Is Gladue?
These resources below provide a primer for what Gladue is, how it affects the sentencing of Aboriginals in the justice system, and information about how the courts work.
- R. v. Gladue [Original Gladue Decision]
- What Is Gladue?
- Gladue Myths & Facts: Information for Lawyers
- Understanding The Gladue Decision: Sentencing For Aboriginal Clients (BearPaw)
- Gladue Handbook: A New Resource for Justice System Participants in Manitoba
- Aboriginal Courts In Canada
- Are You Aboriginal? (Gladue, First Nations Court)
- Canada's Gladue Courts
The Gladue Report (BearPaw Media)
"The Gladue Report" explains the unique circumstances of an Aboriginal person in court and how these circumstances apply to the crime so that the individual can be sentenced appropriately. To order the full length video please go here.
The Gladue Decision (BearPaw Media)
"The Gladue Decision" is defined in this short video. It is a decision by the Supreme Court that is important for Aboriginal people to know when facing the justice system. To order the full length video please go here
Aboriginal Sentencing Gladue Principles - In a Nutshell
"ABORIGINAL SENTENCING GLADUE PRINCIPLES – IN A NUTSHELL: This Public Service Announcement ("PSA") explains - in a nutshell - the Canadian Aboriginal Sentencing Principles which were set out by two key decisions of the Supreme Court of Canada in 1999 (R v Gladue) and 2012 (R v Ipeelee)."