Gladue overview
Gladue refers to the sentencing principles from R. v. Gladue [1999] 1 S.C.R. 688 (SCC), now codified in s. 718.2(e) of the Criminal Code. Courts must consider the unique systemic and background factors affecting Indigenous offenders and explore all reasonable, culturally appropriate alternatives to incarceration.
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Gladue Principles promote substantive equality and restorative justice and address the overrepresentation of Indigenous Peoples rooted in colonialism and systemic discrimination. They apply throughout the legal journey — not just at sentencing — to provide necessary context.
In this section
Gladue principles
The court must recognize and apply these core principles:
- The overrepresentation of Indigenous Peoples in the criminal justice system stems from colonialism, systemic discrimination and historical harms.
- Unique systemic or background factors (Gladue factors) that contributed to the client’s contact with the justice system must be considered.
- All reasonable alternatives to incarceration — especially culturally appropriate restorative justice, healing or community-based options — must be explored before imposing custody.
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From R. v. Ipeelee [2012] 1 S.C.R. 433 (SCC): The absence of a formal Gladue report does not relieve the court (or counsel) from applying these principles. Provide context through submissions, oral testimony (e.g., from elders), community letters or other evidence.
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Even if the client opts out of specific options (e.g. a healing plan), counsel must still advocate using Gladue/Ipeelee Principles to ensure the process acknowledges systemic failures and promotes healing/well-being.Â
See related: Working with Indigenous clients.Â
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Gladue factors
Gladue factors are the unique systemic and background elements that may have contributed to an Indigenous person's involvement with the law. These include, but are not limited to:
- Intergenerational trauma from residential/day schools
- Sixties Scoop and child-welfare removal from family/community
- Loss of culture, language, traditions, identity or connection to community
- Family/community disruption.
- Abuse (physical, sexual, emotional)
- Addiction and its intergenerational effects
- Racism and negative experiences in education, health care, employment, foster care or other systems
- Poverty, social marginalization and geographic isolation
These factors provide essential context for understanding the client’s circumstances and advocating for appropriate outcomes.
Where Gladue principles apply
Gladue principles and factors are relevant in many proceedings involving Indigenous clients, including:
- Bail hearings
- Sentencing (core application)
- Appeals
- Parole Board of Canada hearings
- Long-term or dangerous offender applications
- Mental health review board proceedings
- Extradition
- Professional disciplinary decisions
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In all cases, counsel should proactively raise Gladue considerations to ensure the court addresses systemic context.
Gladue report overview process for lawyers
A Gladue report provides a detailed, professional account of the client's background, Gladue factors and culturally appropriate recommendations.
1. Confirm applicability and client consent: Verify the client self-identifies as First Nations, Métis or Inuit and wishes to proceed. Ask about their Nation, community and upbringing to support identity and background. Proceed only with informed consent.
2. Request a court order: After a finding of guilt or guilty plea (typically during sentencing), request the court order a Gladue report. In Alberta, a court order is required before submission.
3. Submit the online request form: Use the Alberta Courts Gladue Report online form (available to defence counsel only). You will need to provide: client file details, court location, docket number, custody status and requested completion date.
4. Writer assigned: The request routes to the provincial Gladue program. A trained Gladue writer is assigned (often through Indigenous-led organizations).
5. Support the Gladue writer: Help the client understand the process and be available for interviews. With consent, connect the Gladue writer to family and community supports or elders. Share authorized documents (e.g., prior reports/assessments).
6. Timeline expectations: A full Gladue report typically takes 6–8 weeks (depending on client availability, case complexity, custody status, etc.). Plan accordingly to avoid unnecessary delays.
7. Receive and use the Gladue report: The completed report is provided to counsel for sentencing submissions. It outlines Gladue factors, personal history, systemic context and culturally relevant recommendations to assist the court.
Additional resources: writing a Gladue report
BearPaw Media and Education has created a helpful resource to support the preparation of Gladue reports. This has been designed to assist:
- Indigenous offenders (and their families/communities) who are interested in having a Gladue report prepared.
- Lawyers determining whether a Gladue report is appropriate and beneficial for their client.
Source: BearPaw Legal Resources
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