Is sentencing different if I’m Indigenous?
Question & AnswerIs sentencing different if I’m Indigenous?
3. Ask about a Gladue Report
A Gladue Report gives the court information about the Indigenous person's background and how they might have been impacted by discrimination against Indigenous people.
The Report is used at an Indigenous person's sentencing . In some places, Gladue Reports are only available after pleading guilty or being found guilty after a . And in other places, it can be used at a or sentencing hearing.
Gladue Reports are prepared by publicly-funded Indigenous organizations. The Gladue Writer will interview the Indigenous person and members of their family, if possible, about the accused's background.
The Report includes a summary of the current criminal charges and any criminal record, if there is one. The Report will suggest services to help with rehabilitation and might also include suggestions about an appropriate .
Depending where the case is being heard and who is preparing the Gladue Report, it can take several weeks to prepare.
In many places, Gladue Reports are usually ordered only when the Crown is seeking a jail sentence. Some organizations will only write a Gladue Report if the Indigenous accused is looking at a jail sentence of 90 days or more.
Some organizations might write a Gladue letter if the Crown is seeking a jail sentence of 90 days or less.
Gladue Reports are usually ordered by your lawyer but the judge or Crown may also order one. If you don't have a lawyer, you can ask if they can help you order a Gladue Report. Duty counsel might also suggest that you make a Legal Aid application to hire a lawyer.
The information in the Report is not confidential and becomes part of the court record. Your lawyer can ask the judge not to make it a formal court exhibit but the judge decides what to do.