What is Gladue?
Gladue refers to a right that all Indigenous people have under section 718.2 (e) of the Criminal Code. It is a sentencing principle which acknowledges the systematic racism Indigenous people face every day, which leads to the over representation of their communities in both the criminal law and criminal justice systems. You do not have to have official status to access these rights; individuals who self identify as Indigenous are also entitled to the benefits afforded to them through Gladue Reports. These pre-sentencing or bail hearing reports ask the court to seek all other means of rehabilitation for offenders before considering incarceration. These reports are also applicable to Indigenous individuals who break the terms of their parole.
Where Did Gladue Reports Originate?
It stems from the case R V. Gladue. On September 16, 1995 a young Cree woman named Jamie Tanis Gladue was celebrating her 19th birthday in Nanaimo, British Columbia with her friends. After getting into an argument with her boyfriend over his suspected sexual involvement with her sister, Jamie Tannis Gladue stabbed her boyfriend in the chest leading to his death. She was subsequently charged and convicted of manslaughter. When the trial went to sentencing the judge did not take the traumatic loss if Tannis’s mother when she was just 14 into account, and ruled that since the event did not occur on a reservation, that she was not entitled to the rights afforded to her through section 718.2 (e) of the criminal code.
What do Gladue Reports Contain?
Gladue report contains background information on the offender regarding:
- a history with residential schools
- any child welfare issues
- instances of physical or sexual abuse
- underlying developmental or health issues
- any substance abuse problems
After outlining these, it then offers a recommendation for appropriate sentencing. These recommendations usually center around the idea of restorative justice. Some examples of recommended sentencings have been: community service, subsistence farming to repay victims, taking classes to better young offenders etc.
Who Can Write a Gladue Report?
A Gladue Report must be ordered by the court and drawn up by an official Gladue writer. These writers must have a good understanding of Indigenous culture and communities, as well as the services and resources offered within the these communities or regions. A writer must go through official training provided by official organizations in their area, usually supported by the province. In Quebec, the Ministère de la Justice (Ministry if Justice) is responsible for ensuring that recognized training is completed.
Quebec Resources
- Mohawk Council of Akwesasne: http://www.akwesasne.ca/justice/gladue-unit-services/
- Native Para-Judicial Services of Quebec (SPAQ): http://spaq.qc.ca/rapport-gladue/?lang=en
- Indigenous Perspectives Society Gladue Training Program: https://ipsociety.ca/training/gladue-report-training/
Bibliography
Aboriginal People and Sentencing | Justice Education Society. (n.d.). Retrieved December 9, 2019, from https://www.justiceeducation.ca/about-us/research/aboriginal-people-and-sentencing
Gladue and Aboriginal Sentencing | Justice Education Society. (n.d.). Retrieved from https://www.justiceeducation.ca/about-us/research/gladue-and-aboriginal-sentencing
Parrott, Zach. “Gladue Case”. The Canadian Encyclopedia, 04 December 2017, Historica Canada. Retrieved from https://www.thecanadianencyclopedia.ca/en/article/r-v-gladue.
