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This section contains background information on the Gladue Decision, as well as the applications of this ruling and the preparation of Gladue documents
Last Updated: Jun 27, 2017 URL: http://ncsa.libguides.com/gladue Print Guide RSS Updates
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Overview of Gladue Resources

Supreme Court of Canada building

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.

 

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

Alberta:

Saskatchewan: Saskatchewan Aboriginal Courtworker Program (306) 787-9307

Manitoba: Aboriginal Court Worker Program of Manitoba (204) 945-3909

Ontario:

Québec: Native Para-Judicial Services of Quebec (418) 847-2094

Nova Scotia:

Newfoundland and Labrador: Conne River - Miawpukek First Nation Aboriginal Courtwork Program (pilot) (709)882-2124)

Yukon:

  • 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

Northwest Territories: Legal Services Board of the Northwest Territories (867) 873-7450 / lsb@gov.nt.ca

Nunavut: Nunavut Legal Services Board (Toll free in the 867 area code) 1-866-240-4006

Contact Information

For further information, please contact:

Aboriginal Courtwork Program

Programs Branch, Department of Justice Canada      284 Wellington Street      Ottawa, Ontario K1A 0H8

Or electronically to: pb-dgp@justice.gc.ca      Or by phone at: (613) 941-4193      Or by fax to: (613) 941-5446

Gladue Report Writing Courses

Articles

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.

  • Gladue reports: boon or bane?
    An article that looks at the intent behind Gladue, and how it is actually being applied in court. By Heather Ibbotson, Brantford Expositor.
  • New & Notable: The Nuances Of Gladue
    An article from Mack's Criminal Law which looks at the landmark case of R. v. J.N. which clarified some key issues about Gladue implementation, namely that non-Canadian Aboriginal ancestry is not considered, and sentences are only reduced when ancestry influences a crime.
  • Fresh evidence motion required to introduce “Gladue Report” on sentence appeal
    "The Alberta Court of Appeal has articulated the procedure to be followed on an aboriginal offender’s sentence appeal where a full “Gladue report” was not put before the sentencing court: Counsel for the offender should file a motion to admit fresh evidence on appeal, or, at the very least, should help the court understand how the preparation of such a report would relate to the proper disposition of the appeal."
  • Aboriginal sentencing rules ignored due to lack of funding, interest
    "Thirteen years after the Supreme Court of Canada issued a demand for information that would enable trial judges to pass more culturally sensitive sentences for aboriginal defendants, its edict has been largely ignored in much of the country."
  • Time to adopt Gladue reports
    An editorial from The StarPhoenix urging Saskatchewan courts to properly implement Gladue reports and that judges should be mindful of cultural factors in sentencing Aboriginal offenders.
  • Aboriginal man uses experience behind bars to help offenders tell their ‘Gladue’ story
    From APTN, a profile of Gladue writer Dan Parlow, who has a history with criminal offenses and corrections, on how his life experiences informing the Gladue report writing he does today.

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Other Guides to Check Out

For other relevant guides, please check out the following.

Breach, Parole, Pardons/Record Suspensions
by Stefanie Varze - Last Updated Jun 27, 2017
This section focuses on the law as it relates to breach charges and sentencing conditions.
49 views this year
Correctional Facilities & Healing Lodges
by Stefanie Varze - Last Updated Jun 27, 2017
A collection of resources on correctional facilities and services.
330 views this year
Court Processes & Working With a Lawyer
by Stefanie Varze - Last Updated Jun 27, 2017
This section contains resources on what to expect in the courtroom and how you can work with your lawyer.
11 views this year
 

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)."

 

Gladue Report Writing

These resources provide guidance for the person drafting and writing a Gladue report.

Web Links

  • Gladue Sentencing Principles
    The website is a training module that Aboriginal Courtworkers complete in order to instruct them on how to integrate Gladue Principles into speaking to sentence for an Aboriginal client.
  • Gladue Background Cultural Impact Factors
    A list of factors which are taken into consideration when a Gladue report is submitted on behalf of an Aboriginal offender (compiled by the Justice Education Society).
  • Gladue Reports (Pamela Shields)
    Resources, case law and training for Gladue report court submissions. This website is maintained by Pamela Shields, the Gladue subject expert for the University of British Columbia Indigenous Advisory Committee.
  • Legal Pleadings Search (Native Law Centre Of Canada)
    "Our continuing collection efforts include requesting pleadings in noteworthy Aboriginal law cases from law practitioners nationwide. It is our hope that we can provide a vast and unique on-line collection of Aboriginal pleadings in Canada."-NLCC
  • Location of Aboriginal Courtworkers In Canada
    This map provides the locations of organizations which have Aboriginal courtworkers on-staff to assist with the writing of Gladue Reports (broken down by province).
  • Pre-Sentence Reports
    A brief factsheet prepared by Justice B.C. that describes the purpose of pre-sentence reports as well as some of the information that usually appears in these reports.
  • Kulus Consulting & Development
    Kulus Consulting and Development is a full-service Aboriginal company, dedicated to providing high quality Court-recognized Expert Gladue Reports for respected clients and Legal Counsel throughout British Columbia and Canada. In addition to the provision of reports, they offer educational seminars and report-writing training on Gladue to the First Nations, Aboriginal and legal community.
  • Gladue Project (University of Manitoba)
    A resource from the University of Manitoba's Centre for Human Rights Research, their mandate is to work with Manitoba's justice system to improve the implementation of the Gladue decision on Aboriginal sentencing. Contains their Gladue handbook and articles on its implementations and the impact it has had on the justice system.
  • IndiGenius & Associates
    IndiGenius & Associates is a native-led consulting firm dedicated to eliminating the over-representation of native people in the criminal justice system. With over 50 years of combined experience in indigenous justice, we offer a robust and multilayered portfolio of services to address justice issues in the context of the unique needs of our own communities.
 

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