Gladue Program
Overview
The Gladue Program offers vital support for Indigenous peoples who come into contact with the criminal justice system. It is designed to ensure that courts take into account the unique circumstances of Indigenous peoples, such as the effects of systemic discrimination, residential schools, and intergenerational trauma, when determining sentencing options.
By highlighting these factors, the program aims to reduce the disproportionate number of Indigenous peoples in prisons and promote alternatives to incarceration, such as restorative justice, rehabilitation, and community-based sentencing options.
Canada has a long and problematic history of systemic discrimination and colonial violence toward Indigenous peoples, which has led to a disproportionate number of Indigenous peoples in the criminal justice system.
In response to this, the Gladue program was developed following the Supreme Court of Canada’s 1999 decision in R v Gladue. This pivotal case recognized the need to address the unique circumstances of Indigenous offenders during sentencing, urging courts to consider the impact of colonialism, displacement, residential schools, and systemic inequities in their decisions.
The Gladue program, rooted in Section 718.2(e) of the Criminal Code, promotes alternatives to incarceration by emphasizing restorative justice approaches. It focuses on rehabilitation and community-based alternatives to incarceration that better reflect Indigenous traditions and cultural practices.
Through Gladue reports and letters, courts gain a comprehensive account of the offender’s life, including personal, historical, and systemic circumstances that have contributed to their involvement in the criminal justice system, helping to inform sentencing decisions that consider the broader context of Indigenous experiences and promote restorative justice.
History
Who is Eligible
You are eligible to benefit from the Gladue Program if you self-identify as Indigenous, regardless of your age, your official status, or whether you live within or outside of an Indigenous community. For greater certainty, to access the Gladue Program you must:
- Be registered, or be entitled to be registered, under the Indian Act;
- Be a member of a First Nation or recognized under a First Nation’s identity law;
- Be recognized from your Inuit land claim organization;
- Have a connection to a community and prove community acceptance; or
- Provide other evidence of Indigenous identity that is deemed satisfactory by WTCI
How the Gladue Program Can Help
Grounded in section 718.2(e) of the Criminal Code, the Gladue Program ensures that judges take into account the specific circumstances of Indigenous individuals during bail and sentencing, offering personalized support throughout the legal process.
Here’s how the program can assist you:
- Gladue Report Preparation: The program provides access to a certified Gladue report writer who will prepare a detailed report about your personal, family, and cultural history, highlighting factors that may have contributed to your involvement in the justice system;
- Culturally Informed Advocacy: The program ensures that the impact of systemic issues, including residential schools, intergenerational trauma, and social inequities, are considered during bail or sentencing proceedings;
- Restorative Justice Options: Whenever possible, the program promotes restorative justice alternatives that focus on healing and rehabilitation rather than punitive measures;
- Referrals to Resources: The program connects you with culturally relevant support services, such as healing programs, counselling, or community-based justice initiatives, to aid in your rehabilitation and reintegration.
Who is Eligible
Gladue writers play key roles in ensuring that Indigenous individuals receive fair treatment in the justice system, especially in matters related to sentencing and bail.
Their key responsibilities include:
- Prepare and submit Gladue Reports for Indigenous offenders awaiting sentencing;
- Research relevant issues and develop recommendations for consideration by the Court;
- Meet with the accused person or other individuals in order to prepare and write the Gladue Report
- Liaise with Indigenous and non-Indigenous resources/service providers for the purpose of preparing a well-organized Report;
Develop and maintain knowledge of the local Indigenous culture, communities, history, along with important local and regional issues important to Indigenous communities in the region;
- Maintain collaborative working relationships with Justice Personnel (Judges, Defence Counsel, Crown Attorney, RCMP) to produce Gladue Reports;
- Further develop knowledge regarding community resources (Indigenous and non-Indigenous) available to Indigenous offenders;
- Provide education and training to the courts and to other justice system professionals and participants on the Gladue principles, as well as Indigenous culture and history.
The program will be delivered regionally, with oversight from a committee representing all Nations, ensuring consistent service across New Brunswick. It will be delivered by multiple service delivery organizations on a regional basis as follows:
- The Wolastoqey Tribal Council Inc. service the Western Region (Edmundston, Fredericton, Neqotkuk,and Woodstock Courts)
- Mi’gmawe’l Tplu’taqnn service the Eastern Region (Bathurst, Campbellton, Moncton, Elsipogtog and Miramichi Courts)
- The Wolastoqey Tribal Council Inc. and Mi’gmawe’l Tplu’taqnn jointly service the Saint John Court
How to Access the Program
- Request a Gladue Report: Ask your lawyer or contact the Gladue team directly for assistance (see contact details below);
- Initial Intake Meeting: Meet with the Gladue team to complete an intake session and begin the process;
- Tell Your Story: Arrange a convenient time to share your personal history and circumstances with Gladue writer;
- Culturally Specific Recommendations: Based on the individual’s story the Gladue writer may identify -culturally appropriate healing programs, community supports, and alternatives to incarceration for the courts to consider;
- Presenting the Report: The finalized report or letter is submitted to the Judge, Crown, and Defense before sentencing;
- Court Consideration: The judge will consider the report, factoring in your unique circumstances before making a decision.
The services offered by the Gladue team are free for those eligible for the program.