Why Gladue principles matter and how Indigenous Courts are changing justice in Alberta

Reflecting on justice and reconciliation during National Indigenous History Month. 

June is National Indigenous History Month, a time to recognize the histories, cultures and contributions of First Nations, Métis and Inuit peoples across Canada. It’s also an opportunity to reflect on how institutions, including the justice system, are responding to longstanding inequities.

One of the most pressing challenges remains the overrepresentation of Indigenous people in the justice system. Statistics show Indigenous adults in Canada are incarcerated at a rate 10 times higher than non-Indigenous adults. But those numbers only tell part of the story, deeper systemic factors can shape someone’s path long before they enter a courtroom.  

Legal Aid Alberta lawyer Justin Hjelsvold, who is Métis, explains how Gladue principles and community-based courts are addressing the overrepresentation of Indigenous people in the justice system. 

When people hear that Indigenous adults are incarcerated at much higher rates, what are the real drivers behind that? 

What the courts have recognized is that many Indigenous people are dealing with the lasting impacts of colonialism — things like poverty, addiction, trauma and limited access to supports. 

Those realities can affect the choices available to someone long before they ever come into contact with the justice system. 

Once someone does get involved, it can also be harder to get bail, harder to navigate court and that can start a cycle that’s difficult to break. 

What are the Gladue principles, where do they come from, and what do they actually require courts to consider? 

They come from a Supreme Court of Canada decision, R. v. Gladue, that recognized Indigenous people face unique systemic barriers. 

What it means in practice is that when courts make decisions, they have to look at the full context of a person’s life — things like family history, experiences with trauma and community circumstances. 

It’s about understanding how someone got there, so the court can make a more fair and appropriate decision. 

What does it look like when Gladue principles are applied? 

They can come up at different stages, but they’re especially important at sentencing. 

The goal isn’t to treat anyone differently because of their background; it’s to make sure the court has a complete picture of the person in front of them. 

When that’s done well, it can lead to outcomes that focus more on rehabilitation and addressing the underlying issues, not just punishment. 

Alberta also has Indigenous Courts and community-based models — including in places such as the courthouse at Siksika Nation. What’s different about those, and how does Legal Aid Alberta support clients there? 

One big difference is access. These courts often take place closer to communities, which helps people actually participate in the process. 

They’re also more collaborative. You’ll see culturally grounded practices, community involvement and connections to supports like housing or addiction services right there. 

Our role at Legal Aid Alberta is to help people understand their rights, navigate the system, and connect with those supports — so they’re not just going through court, but actually moving toward a better outcome.