620 Victoria Ave East, 2nd floor
Thunder Bay, ON P7C 1A9
Are you Indigenous, charged with an offence, and looking at being sentenced to jail for your crime?
A Gladue Report may help you and your case
In 1999, the Supreme Court of Canada released a decision in R v. Gladue in its interpretation of 718.2 (e) of the Criminal Code of Canada and as such amendments were made in 1996 with respect to its interpretation in sentencing.
718.2 A court that imposes a sentence shall also take into consideration the following principals:
(e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.
Once you have entered a guilty plea to an offence the Gladue Report will:
- Assist the court in understanding your history and the circumstances that brought you before the court
- Assist the presiding Judge to consider alternatives to custody in sentencing
- Provide recommendations in sentencing for the court to consider
Criteria for Gladue Report
- You must have entered a guilty plea to a charge
- Thunder Bay is your primary residence
- Must consent to the completion of a Gladue Report and be a willing participant
What is a Gladue Report?
The Gladue Report will consist of the following:
- History of you and your family
- Mental Health
- Experiences as a result of Residential School, 60’s Scoop, racism, discrimination, etc.
- Criminal history
- Cultural Connections
- Healing and/or Treatment Plan
- Other relevant information as identified
How does the Gladue Aftercare worker assist me?
The Gladue Aftercare Worker will provide you with:
- support with addressing your immediate needs
- work with you on a Healing Plan prior and following sentencing
- assist in the development of your recommendations in the Gladue Report
- assist you in following through with those recommendations
- make referrals and advocate for you with other service providers
Are Gladue Reports Prepared for Bail Hearings?
Gladue Reports are not completed for Bail Hearings.
How do I request a Gladue Report?
- Reports are generally requested by your Lawyer
- Let the Crown or Judge know you would like to have a Gladue Report completed
- Contact the Gladue Writer or Gladue Aftercare Worker for more information
NOTE: Once approved, Gladue Reports on average take 30 to 60 days to complete. This is dependent on how many reports are currently being prepared.