Legal Aid Ontario (LAO) provides eligible Aboriginal people with family and criminal law services. To provide the best service possible, lawyers who represent Aboriginal legal aid clients in criminal matters must take special training to make sure they understand the unique legal status of Aboriginal people. To find out more about eligibility for legal aid services, visit the LAO website.

There are many community-based legal services and resources available for Aboriginal people in Ontario. Aboriginal Legal Services Operates legal-related programs for Aboriginal people in Toronto. Human Rights Legal Support Offers legal assistance to people in communities across Ontario who believe they have experienced discrimination. Ministry of Indigenous Affairs Access to Ontario government…

In some areas of family law, Aboriginal people have different rights under the Child, Youth and Family Services Act. In many other areas they have the same rights as other Canadians. Court decisions about caring for children, parenting orders, guardianship, child and spousal support, and property laws may all take a person’s Aboriginal heritage into account. Letting…

The Child, Youth and Family Services Act considers the unique legal status of Aboriginal people in Canada. In family law issues, parts of the Act take into account the family’s Aboriginal culture and heritage in deciding the “best interests” of a child. This means that in decisions about Aboriginal children, the courts must consider “the uniqueness of…

If you are an Aboriginal person entering the justice system, you should identify yourself as a First Nations, Métis, or Inuit person so duty counsel or your lawyer can follow the areas of law that deal with Aboriginal rights. In other words, you should tell duty counsel or your lawyer that you are an Aboriginal person. You should…

Criminal Code, Youth Criminal Justice Act and Child, Youth and Family Services Act all have parts that consider the special legal status of Aboriginal people in Canada. If you self-identify as Aboriginal, your lawyer can make sure that Gladue factors and principles are applied to your legal case. Gladue refers to a right that all Aboriginal people have under the Criminal Code. Telling your lawyer you are…

Gladue-related services are offered at courts in Toronto, Hamilton, Brantford, the Waterloo-Wellington area, London, and Sarnia. In Toronto, London, and Sarnia there are dedicated Gladue courts. There are also Aboriginal Courtwork programs in many courts across Canada.

Gladue reports and plans contain information on the unique circumstances of Aboriginal people accused of an offence or Aboriginal offenders. The court can consider these reports during sentencing. Sentencing in the Gladue court focuses on restorative justice and community justice programs, while also making sure that offenders receive fair sentences. Legal workers from Aboriginal Legal Services of Toronto (ALST) and several…

A Gladue court handles the cases of Aboriginal people who have been charged with a criminal offence. The Gladue court proposes sentences that are more in line with Aboriginal traditions than jail, such as community justice programs.

In 1999, the Supreme Court ruled in R v. Gladue that courts must consider an Aboriginal offender’s background when he or she is being sentenced for a crime. Factors that are considered include discrimination, physical abuse, separation from culture or family, or drug and alcohol abuse. Every criminal court in Canada is required to consider Gladue factors…