Gladue
What is Gladue?
In R v Gladue (1999) the Supreme Court of Canada directed the Courts to consider the circumstances of Indigenous offenders in light of the over-incarceration of Indigenous people. This decision was reinforced by R v Ipeelee, 2012 SCC 13.
Gladue applies to all First Nations people (status and non-status), Inuit, and Métis, living on or off reserve. The Gladue decision requires judges to sentence Indigenous people differently. Whenever an Indigenous person is sentenced for a crime or asks for release on bail, the judge has a responsibility to consider their experiences and background as an Indigenous person. These are called Gladue factors. Gladue factors are presented to the Court in a Gladue report or submission.
Gladue and You
The “Gladue and You” brochure provides a short primer of relevant information on Gladue reports for Legal Aid Saskatchewan’s Indigenous clients to inform them of the process and their rights.
The brochure explains:
- Gladue decision
- the meaning behind Gladue and why it's important
- Gladue factors
- Gladue reports /Gladue submissions
- how to request a Gladue report or submission
- contact information for support services
Gladue Submissions
A Gladue report contains personal information about your background, your experiences as an Indigenous person, your family, and community's history.
Legal Aid Saskatchewan's Gladue Submission Guide: A User Manual for Indigenous Clients and Legal Counsel is intended to provide Indigenous clients and their legal counsel with information and guidance on Gladue principles, Gladue factors, how to prepare a Gladue submission, and the types of information that can typically be found in a Gladue report.
