Gladue Unit Services

Gladue Unit Services

The Akwesasne Community Justice Program offers the services of a Gladue Writer and a Gladue Aftercare Worker. They prepare Gladue reports for qualifying Aboriginal people and assist with the implementation of the report’s recommendations.

What is Gladue?

Gladue is a 1999 Supreme Court of Canada decision that said Judges must take into consideration the unique circumstances of Aboriginal people when passing sentence on Aboriginal offenders.

Gladue focused on section 718.2(e) of the Criminal Code of Canada:

718.2 A Court that imposes a sentence shall also take into consideration the following principles:

(e)  all available sanctions other than imprisonment that are reasonable in the circumstance should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

Judges must also consider Gladue at the bail hearing (R. v. Ipeelee, 2012 SCC 13, [2012] 1 S.C.R. 433)

What is a Gladue Report

A Gladue report is a form of a pre-sentence report prepared at the bail or sentencing stage. The Gladue Worker will write a Gladue Report detailing the unique life circumstances of an Aboriginal person charged with an offence, who is applying for bail or has pled guilty (or been found guilty) of a criminal offence and is being sentenced.

The Gladue report will link the life story of an Aboriginal offender to the broader issues facing Aboriginal people, for example the inter-generational trauma of residential schools or the 60s scoop.

The Gladue report will provide detailed recommendations for the Judge to consider in terms of sentencing.

Information Required for a Gladue Report

A Gladue report gives the Judge the information they need to make the best decision possible when sentencing an Aboriginal offender.

The Judge needs to be able to answer two questions:

  1. Why is this particular Aboriginal person before the Court?
  2. What sentencing options other than jail are available that might help address the reasons why this Aboriginal person is before the Court?

Information includes the background of the Aboriginal offender and information about their family and community.

How to Request a Gladue Report

At the bail stage, tell your lawyer, duty counsel or Judge you have a Gladue right and would like a Gladue report. Depending on the circumstances, a Gladue report for a bail hearing can take approximately 2 weeks to 3 months to prepare, depending on the complexity of the case.

At the sentencing stage, tell your lawyer or Judge you have a Gladue right and would like a Gladue report. A Gladue report can take 6 weeks or longer to be completed.

NOTE: It is an Aboriginal offender’s choice to exercise their Gladue  right. It is also an Aboriginal offender’s choice to waive their Gladue right and to inform the Court (Judge, lawyer, duty counsel).

How to Qualify for a Gladue Report

The Gladue Worker will assess the eligibility for a Gladue report upon request for an Aboriginal offender who finds themselves in the judicial jurisdiction of the Akwesasne Mohawk Territory or a member of the Mohawks of Akwesasne.

The Role of the Gladue Writer is:

  • To prepare and complete a Gladue report at the bail or sentencing stage, when a request is approved;
  • To interview the Aboriginal offender about their background information, immediate family members and others from their community;
  • To make recommendations for alternative sentencing, other than incarceration, for example; restorative justice, healing circles or culturally appropriate treatment options.

The Role of the Gladue Writer is:

  • A Gladue writer prepares the Gladue report which gives the court detailed report of an Aboriginal offender’s life, background information, Aboriginal community and the circumstances that brought them before the court;
  • A Probation Officer writes the pre-sentence report giving the court a picture of an offender and is based on the offender’s criminal record, the criminal behavior and risk of re-offending.

The Role of the Gladue Aftercare Worker is:

  • Assist with the implementation of Gladue recommendations by providing direct services and necessary referrals to programs and services to support offender in addressing and achieving the report’s recommendations.

Gladue Reports can be used for:

  • Bail Hearings
  • Sentencing
  • Parole Hearings

For further information on these services:

Rena Smoke, Program Manager
rena.smoke@akwesasne.ca

Akwesasne Community Justice Program
Gladue Unit Services
15 Akwesasne Street
P.O. Box 90
Akwesasne, Quebec  H0M 1A0

Phone: 613-575-5000

Fax: 613-575-1726