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…

Gladue refers to a right that Aboriginal people have under the Criminal Code. Gladue applies to all Aboriginal people who self-identify as First Nations, Métis, or Inuit.

The courts have decided in previous court cases, such as Gladue, that when sentencing an Aboriginal offender judges should: consider all available sentences other than jail time that are reasonable, and pay particular attention to the life circumstances of Aboriginal offenders. This means that if you self-identify as Aboriginal and you are convicted of a…

The Criminal Code and the Youth Criminal Justice Act both consider the unique, or special, legal status of Aboriginal people in Canada. The Criminal Code considers the over‑representation of Aboriginal people in the Canadian criminal justice system.