The Department's Justice Officers, Reintegration Officers, Justice Committee Members and Native Parajudicial Workers all have been a part of training programs to prepare Gladue Reports for Cree clients. The Gladue decision of the Supreme Court of Canada, along with Criminal Code provisions, require judges to look at the history, experiences and realities of Indigenous offenders when determining appropriate sentences. The purpose is to reduce the overrepresentation of Indigenous People in detention across the country. The Department when requested by the court produces a Gladue report along with recommendations. Although they are labor intensive to produce, the reports are an invaluable contribution to the legal process previously missing. It leads to greater awareness of issues past and present facing Indigenous Peoples. It also starts the dialogue with local support services and organizations that will be necessary for the healing of the harm caused.”
Who does Gladue rights applies to?
If you self-identify as Aboriginal, you have rights under the Criminal Code (section 718.2 (e)), often called Gladue rights. Gladue rights refer to the special consideration that judges must give an Aboriginal person when setting bail or during sentencing.
Gladue rights apply to all Aboriginal people: status or non-status Indians, First Nations, Métis, or Inuit. It does not matter if you live on reserve or off reserve, or if you live in an Aboriginal community or a non-Aboriginal community—Gladue still applies to you.
How can Gladue rights help you?
When you or your lawyer inform the court of your Gladue rights, the judge must keep in mind that aboriginal people face unique circumstances, and he or she must give you special consideration when setting your bail or sentencing you. Gladue encourages judges to use restorative justice when they are sentencing Aboriginal people. Restorative justice is a form of justice that focuses on repairing the harm done by your crime and giving you and any victims of your crime opportunities to heal. The goal of restorative justice is to give you, the victims of your crime, and your community a chance to move forward, and to help you so that you will not feel the need to turn to crime in the future. This can mean that your sentence will help you to address the issue that got you into trouble with the law in the first place. It may also mean that your sentence is one that is more appropriate and meaningful to your culture.
