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.
In the interim, as of April 01, 2021, judges will be able to order 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 contact the director of the Gladue Services Department, Mitch Walker, at [email protected]
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.