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.
Gladue Rights Research Database
The Gladue Rights Research database is an ever-expanding work in progress, and updated frequently with new resources to better assist practitioners and their clients in the recognition of Gladue Rights (also known as the Gladue Principles). It is designed to assist Indigenous peoples, their legal counsel, and others working within the justice system with information that aids in the protection of Gladue Rights/Principles. Database users can find summaries and videos on the history of settler colonialism in Saskatchewan up to c. 1990, Social Context and Systemic Factors, and legal resources that will assist practitioners in building a Gladue Submission or Report.
