R. v. Gladue established guidelines for courts when dealing with Indigenous people
If you identify as an Indigenous person and find yourself charged with a criminal offence, the Court must consider these Gladue Principles and the Gladue Factors that apply to you. Be sure to ask your lawyer, duty counsel, or Indigenous court worker about additional supports that may be available to you.
Here is some basic information about Gladue principles and factors and when they come into play:
What are Gladue Principles?
“Gladue Principles” come from a 1999 Supreme Court of Canada decision in a case called R. v. Gladue. In this decision the Court recognized the following principles in relation to an Indigenous accused:
What are Gladue Factors?
The unique systemic and background factors that have contributed to an Indigenous person being in contact with the law are collectively known as “Gladue Factors.” These include, but are not limited to:
When are Gladue Principles and Gladue Factors applied?
Canadian courts have found that Gladue Principles and Gladue Factors apply to the following legal proceedings:
This information gives a basic outline of Gladue Principles and Factors as applied in the Canadian Justice System. If you would like more in-depth information, please visit the resources listed below.