What is the Gladue rule?
What is the Gladue rule?
The Gladue case (also known as R. v. Gladue) is a landmark Supreme Court of Canada decision, handed down on 23 April 1999, which advises that lower courts should consider an Indigenous offender’s background and make sentencing decisions accordingly, based on section 718.2 (e) of the Criminal Code.
What is Gladue sentencing?
A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Aboriginal background under Section 718.2(e) of the Criminal Code.
How many Gladue courts are there in Canada?
In 2001, in order to address the systemic problems acknowledged in the Gladue decision, and to implement its specific directions to the judiciary, the first Gladue court opened in Toronto. There are now at least 19 such courts, in many provinces.
What is the main approach taken by a First Nations court?
The goal of First Nations Courts is to provide an Aboriginal perspective based on a restorative and holistic approach to sentencing as outlined in the Gladue case of the Supreme Court of Canada.
Who prepares a Gladue report?
A Gladue report is usually 12 – 18 pages long. Pre-sentencing reports are prepared by a probation officer. The purpose of a pre-sentencing report is to give the court a picture of you as an offender and is based on your criminal record.
What happened in the Gladue case?
Gladue was accused of second-degree murder after she killed her fiancée with a large knife that penetrated the victim’s heart. The appellant pled guilty to the lesser charge of manslaughter. The two had been arguing about infidelity and insulting one another when the incident occurred.
What is a Gladue submission?
A Gladue submission is when information is given to a judge about your unique experience as an Indigenous person. A Gladue submission can be presented orally (said out loud) by you, your lawyer, a Native courtworker, or an advocate; or it can be written down and given to the judge.
Who is Jamie Gladue?
Facts of the case On September 16, 1995, Jamie Tanis Gladue, a young Indigenous woman, was celebrating her birthday with some friends in Nanaimo, British Columbia. She suspected that her boyfriend was having an affair with her older sister.
What are Gladue Courts and why do they exist?
Gladue Court is a special court for people charged with a crime and who self-identify as Indigenous, Métis, First Nations, or Inuit. Gladue Court is also called Indigenous Peoples Court. Gladue Courts deal with all criminal offences. Usually they only handle bail hearings and sentencing hearings.
Why do Gladue Courts exist?
These courts aim to ensure that charges against Indigenous individuals are heard in a way that would give sufficient consideration to the unique circumstances of Indigenous accused and offenders in a culturally appropriate environment.
How many Indigenous courts are there in BC?
In B.C. there are 30 Indigenous justice programs that are jointly funded by the federal Department of Justice and B.C. Corrections.
How many First Nations courts are there in BC?
First Nations Courts are in Duncan, Kamloops, Merritt (Nicola Valley Indigenous Court), New Westminster, North Vancouver, and Prince George. There may be more locations in the future.
Why did the Supreme Court of Canada decide the Gladue case?
These rights apply to Aboriginal peoples because of their special circumstances (experiences) in Canada. The word Gladuecomes from a Supreme Court of Canada case about an Aboriginal woman named Jamie Gladue. In this case, the court said the criminal justice system failed Aboriginal people and too many were being sent to jail.
How is Gladue court helping the Aboriginal community?
Nonetheless, Clark concluded that the Gladue Court is meeting its objectives, has maintained flexibility, and along with Aboriginal Legal Services, Community Council, and the Toronto Bail Program, Gladue Supervision, is “providing a critically important service to Aboriginal individuals, their families and the larger Aboriginal community” (p. 4).
Where did the Gladue court in Toronto come from?
In Toronto, a group of judges, academics, and community organizations met for a year to discuss their concern. Their efforts culminated in the creation of the Gladue Court at Old City Hall (OCH).
Do you have to tell the judge about Gladue?
To apply Gladue, the judge has to know about: You can give the court information about yourself in a written Gladue report. Or you can give an oral Gladue submission (out loud in court).
