What is a Gladue report
What is Gladue and why is it important to me?
About Gladue
If you are an Indigenous person charged with a crime, the court must consider your background.
In 1999, the Supreme Court of Canada made a decision in a case called R. v. Gladue. The Court recognized that many Indigenous people were in prison due to long-standing, unfair treatment and systemic oppression. Because of this decision, judges must consider the personal history and life circumstances of Indigenous people when making sentencing decisions.
This rule applies even if the crime is serious. It also applies if the person does not live on a reserve.
In 2012, the Supreme Court revisited this issue in a case called R. v. Ipeelee. The court reaffirmed that it is mandatory for all courts to do so for every sentencing or bail hearing.
Additional resources and supports
What this means for you
If you are an Indigenous person and you have been charged with an offence, the court is required to take your background into account. They must look at your life, your family history and how these factors may have contributed to your intersection with the justice system.
One way of gathering this information is through an official Gladue report. These are some of the factors that can be reported on:
- Trauma passed down through generations
- Being removed from your family
- Losing connection to your culture, language or traditions
- Experienced abuse yourself (physical, sexual, emotional, spiritual or psychological)
- Addiction in your history or yourself
- Poverty
- Racism
What you should do
Make sure you tell the Legal Aid Alberta intake employee and your lawyer that you are Indigenous. Once you have a lawyer, you can ask about Gladue factors or a Gladue report and how it might help in your matter. Ask what community-based or culturally appropriate supports may be available to you, including alternatives to jail.
For more information:
Gladue Principles and Factors: What you need to know – Legal Aid Alberta
Requesting a Gladue report
There are just a few steps for you as a client:
1. Tell your lawyer you would like a Gladue Report
Let your lawyer know that you identify as First Nations, Métis or Inuit and want the court to consider Gladue Factors at sentencing.
2. The court must order the report
Your lawyer will ask the judge to order a Gladue Report. You do not apply for it yourself.
3. Participate in interviews with the Gladue writer
Once ordered, a trained Gladue writer will contact you. You will be asked to share your life history and experiences. This may include:
- Family and community background
- Experiences with residential schools or intergenerational trauma
- Child welfare involvement
- Education, health, addictions or mental health history
- Cultural connections and supports
4. Identify supports (if you are comfortable)
With your consent, the writer may ask to speak with family members or community supports to better understand your background.
That’s it. There is no separate application process for you. Your main role is to tell your lawyer you want a Gladue Report and to participate openly in the interview process. If you are unsure whether you qualify, speak with your lawyer as early as possible so there is enough time to prepare the report before your sentencing date.