We just reprinted the plain language booklet Your Gladue Rights with minor revisions. If you have copies of the March 2017 edition, please recycle them because they’re no longer legally accurate.
People who identify as Aboriginal have Gladue rights under the Criminal Code as a result of their circumstances (experiences) in Canada. The word Gladue comes from a Supreme Court of Canada case about an Aboriginal woman named Jamie Gladue. In her case, the judge said that the criminal justice system failed Aboriginal people and too many Aboriginal people were being sent to jail. As a result, judges must consider an Aboriginal person’s background as well as the history of Aboriginal people in Canada when Aboriginal people are in court for bail, sentencing, or appeals.
Your Gladue Rights explains:
- Gladue and how it’s applied in court,
- restorative justice,
- the history of Gladue, and
- the difference between written Gladue reports and oral Gladue submissions.
For more information about Aboriginal legal rights, see our Aboriginal Legal Aid in BC website.