Do you have Gladue rights?
Yes. First Nations, Metis and Inuit who self identify, have Gladue rights. Your Gladue rights apply if you live off or on a reserve as well as in an Indigenous or in a non-Indigenous community.
Due to the R. v. Gladue decision, judges now have a duty to review information coming from a Gladue report (or made through Gladue submissions) that outlines the unique systemic or background factors which may have played a part in bringing the particular individual before the court.
The Canadian Criminal Code under s718.2(e) states “all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders.”
What are Gladue factors?
Judges have a duty to apply Gladue principles, irrespective of the charge and regardless of which court the offender appears in.
This is not an exhaustive list but covers many of the most common Gladue factors:
- Impacts of colonialism
- Feelings of loneliness, abandonment, dislocation from culture, community, and family
- Loss of access to ceremonies and healing practices
- Racism and systemic discrimination
- Lack of opportunity and isolation of community
- Housing shortages and homelessness
- Foster care, adoption, 60s scoop
- Victimization/offenders of violence
- Missing and murdered Indigenous women and girls
- High rates of incarceration
- Lower education levels or irrelevance of education
- Lower-level employment, unemployment, and poverty
- Fetal Alcohol Spectrum Disorder (FASD)
- Substance misuse
- Mental health
Gladue Report Writers?
Who are Gladue report writers?
Gladue report writers come from diverse backgrounds. Many Gladue report writers share backgrounds in law, criminology, sociology, and social work among many others.
Gladue report writers are not advocates, and maintain a neutral, unbiased, and objective perspective when interviewing and writing Gladue reports.
Gladue report writers are members of a unique and important group that is working to change the landscape of the criminal justice system in Canada. They seek to advance restorative and healing options for Indigenous offenders, reducing the need for reliance on custody as an option. It is up to individual writers to maintain a personal code of conduct, based on professionalism, honesty and integrity.
DO NOT attempt to write a Gladue report without training. Doing so could harm not only the client, but the reputation of Gladue report writers as a whole, in addition to the utility of Gladue reports in the future.
Become a Gladue Report Writer or Support Worker
The Gladue Services Department of the BCFNJC is transitioning away from the Roster model and moving to a Staff model of Gladue Report Writers. At this time, we are no longer seeking applications for Gladue Writers on the Gladue Report Writer Roster.
If you wish to become a staff Gladue Report Writer or staff Gladue Support Worker with BCFNJC, please feel free to apply for a position through our careers page.
The Gladue Principles: A Guide to the Jurisprudence
The BC First Nations Justice Council is pleased to announce the launch of its highly anticipated new book, The Gladue Principles: A Guide to the Jurisprudence, by Professor Benjamin Ralston.
The development of this book was commissioned by the BCFNJC with the goal of spurring greater action to implement Gladue principles across the country. Our hope is that this guide will serve as an important cornerstone in supporting this essential work. The book is provided free of charge below via a PDF download along with four user guides, depending on area of use.
Gladue Reports And The Judicial System
Judiciary
How to obtain a Gladue report
Part of the work the BC First Nations Justice Council (BCFNJC) and the judiciary in BC will be engaged in is to address the Gladue report process and create a system that is best suited for all parties involved, including the judiciary.
As of April 01, 2021, judges are able to request Gladue reports through the BCFNJC by:
- Asking defence counsel to request a Gladue report through the Gladue Information Management System (GIMS).
- Asking crown counsel to request a Gladue report through the Ministry of Attorney General.
For more information on the BCFNJC Gladue report program, please follow the link below to contact our Gladue Services Department.
PSR vs. Gladue reports
Pre-sentence reports, PSRs, are actuarial risk-based reports prepared by trained adult probation officers. They include background information about the accused, obtained through interviews with the individual and, at times, collateral contacts from their family. They also include previous file-based information about their involvement with the criminal justice system.
PSRs with sentencing consideration for Indigenous offenders are pre-sentence reports that contain information about the offender’s Indigeneity, the impacts of colonization, and culturally appropriate sentencing recommendations.
Gladue reports are a specialized pre-sentence report prepared by a Gladue report writer that helps the court fulfill the requirements of R. v. Gladue and subsequent jurisprudence. A Gladue report writer provides the court information about an Indigenous person accused of a crime and their relevant Gladue factors through a series of interviews with the offender and those closest to them. Gladue reports also include information on sentencing options, including those that are culturally appropriate, and a healing and restorative justice plan unique to the individual.
Both Gladue reports and pre-sentence reports can be difficult for clients and the people contacted for the report. Judges are asked to consider ordering one or the other, rather than both.
Defence Counsels
Criteria
In order to request a Gladue report, your client must self-identify as First Nations, Metis, or Inuit.
Applications of Gladue reports
To ensure fair treatment of Indigenous people, defence counsel, crown counsel and the judge all have an obligation to apply Gladue principles. The BCFNJC writes Gladue reports for the following types of hearings:
- Bail hearings
- Sentencing hearings
- Reviews in First Nation/Indigenous court
- Dangerous offender hearings
- Long term offender hearings
- Not criminally responsible hearings
Requesting a Gladue report
Using the Gladue Information Management System (GIMS)
BCFNJC uses GIMS to facilitate online requests for Gladue reports. In order to request a Gladue report, defence counsel needs to register an account with GIMS. For assistance in registering with and using GIMS, please reference the document below.
Once you have opened the GIMS portal, you will be required to read and agree to the terms and conditions of the following documents:
Access GIMS
You must be a lawyer registered with the Law Society of BC to request a Gladue report. To initiate a Gladue report, please use the button below.
Gladue submissions
For a helpful guide to prepare Gladue submissions, please check out:
The Gladue Submissions Guide was published by Legal Services Society BC, now Legal Aid BC.
Crown Counsels
How to request a Gladue report?
The Gladue Services Department is working in collaboration with BC Prosecution Service (BCPS) to make the application of Gladue more accessible and functional for all crown counsel in BC.
Crown counsel can request a Gladue report through the Justice Services Branch (JSB) of the Ministry of Attorney General. For more information, crown counsel are encouraged to contact Gladue Services, at 778-940-3519 or through our contact form.
We believe that a full Gladue report helps the entire court process to ensure participants in the process can make informed decisions.
Applications of Gladue reports
To ensure fair treatment of Indigenous people, defence counsel, crown counsel and the judge all have an obligation to apply Gladue principles. The BCFNJC writes Gladue reports for the following types of hearings:
- Bail hearings
- Sentencing hearings
- Reviews in First Nation/Indigenous court
- Dangerous offender hearings
- Long term offender hearings
- Not criminally responsible hearings
Note: The BCFNJC does not prepare Gladue reports for the purposes of plea negotiations.
Gladue reports can be extremely useful tools to help the crown, defence and the judge, to make informed decisions. They provide a full picture of the individual, their unique background and systemic factors, and the restorative justice plan going forward. They humanize the individual and lay out a practical plan. They help to excavate the root cause of offence cycles and offer new interventions upstream. Often, restorative justice plans can become a foundation for healing when they are aimed at prevention and wellness, incorporating Indigenous values and cultural traditions.
For more information, members of the BC Prosecution Service are encouraged to contact Gladue Services, at 778-940-3519 or through our contact form.
Corrections System
Considering Gladue factors in corrections
Gladue principles are about recognizing that the social determinants of crime, aka Gladue factors, have had a disproportionate impact on Indigenous people in Canada. They apply across the entire criminal justice system. Correctional decision makers can apply fair treatment to Indigenous offenders, recognize the unique social history and culture of Indigenous Peoples, advance the prospects for healing, and work toward eventual release.
To ensure the fair treatment of Indigenous people, correctional officials can take Gladue factors into account in relation to:
Statutory release
Intake and assessment
Case planning
Security classification
Parole Board of Canada hearings (full and day parole)
Community release planning
Disciplinary decisions (including administrative segregation)
Transfers
Frequently Asked Questions
Where do Gladue rights come from?
Due to the R. v. Gladue decision, judges now have a duty to review information coming from a Gladue report (or made through Gladue submissions) that outline the unique background factors which may have played a part in bringing an individual before the court.
What is a Gladue report?
A Gladue report is a report prepared for sentencing, bail, appeals, long term offenders hearings, dangerous offenders hearings, or parole hearings that provide the court with comprehensive information on the offender, their community, and their family and a healing and restorative justice plan as an alternative to prison time.
What are Gladue principles?
R. v. Gladue is the 1999 supreme court of Canada decision which recognized the need to deal with the crisis of exceptionally high rates of Indigenous people in jails across Canada.
What is a Gladue report for?
The goal of the Gladue report is to increase rehabilitation, prevent future offences, promote community safety and prevent victimization (people being harmed). A Gladue report gives the court a complete picture of your life (timeline of events and experiences) and your unique background factors or “Gladue factors.” A Gladue report will list the possible causes of your offence cycle and set out a customized healing and restorative justice plan made with you, for you.
What will a Gladue report writer do after your consent form is signed?
You give the writer permission to:
- Communicate with your lawyer and/or crown counsel
- Interview you (the client of the Gladue report)
- Request records about you (eg. medical, police, corrections, legal, psychiatric, psychological, educations, social and family information, adoption records)
- Interview and obtain information from your family, friends and professionals in your circle
- Research your community (programs and services, and effects of colonization)
- Write a Gladue report
- Send your report to an independent legal reviewer
Please pay close attention to the consent form you sign. The form you sign is the one that has obligations placed on yourself and the Gladue report writer.
What happens after the Gladue report is completed?
The writer will go over the draft copy with you, then get your feedback and ensure accuracy. The writer will then send a copy of your Gladue report to your lawyer and/or the crown counsel and the judiciary, at least one week before your hearing.
Privacy
Out of respect for your privacy and at the end of the first interview, the writer will provide you with an opportunity to ask you how much information you are comfortable with the writer sharing with your family and community and who you suggest is contacted. The writer may have to discuss some of the details of your offence to determine eligibility to programs with your Nation or other Indigenous organizations. The Gladue Services Department will keep a copy of your Gladue report for their records, in a secure, encrypted, confidential archive system.
Responsibilities of the Gladue Report Writer
The writer is responsible to you as the client to be accountable, transparent and respect confidentiality. The writer is independent from the courts, lawyers and criminal justice representatives. Gladue report writers are neutral. Their job is to bring forward your voice and your story and provide non-custodial options for the court to consider.
