The Gladue Writer’s goal is to write and submit a Gladue report to provide information to the court – for sentencing purposes – regarding the life circumstances if an Indigenous offender. The Gladue Writer compiles this information by conducting interviews with the accused, family members and with other people who know the client and by liaising with court workers, judges, Crown, and duty counsel. In addition, research and interviews may have to be held with individuals who can put the circumstances of the individual’s home community into context.
Questions asked but not limited to:
- History of you and your family
- Education and any Residential Schooling Experiences
- Racism and/or Discrimination
- Poverty and Employment History
- Mental Health Issues
- Criminal History
- Traditional Healing
- Any other relevant information
A Gladue Report may assist you and your case. The Supreme Court of Canada released the Gladue Decision in 1999 which would address the following:
- assisted Judges in understanding the background of an Indigenous person
- assisted in sentencing
- assisted individuals in the judicial system to understand section 718.2 (e) of the criminal code it purpose, to address the overrepresentation of Indigenous peoples in Canadian prisons by requiring sentencing judges to consider sanctions other than imprisonment for all offenders, and specifically pay attention to the unique circumstances of Indigenous offenders.
How to request a Gladue Report
- please talk to your Lawyer and inform them that you would like a Gladue Report
- inform the Crown or Judge that you would like a Gladue Report
The Gladue Aftercare Worker supports the development of Gladue recommendations and explains the importance of compliance/non-compliance of the Gladue report recommendations. The Gladue Aftercare Worker provides case management to ensure the clients are meeting the needs of their sentencing conditions. Referrals are made within the Friendship Centre, external Indigenous and Non-Indigenous organizations, as well as correctional facilities in the community. Once recommendations are completed, the Gladue Aftercare Worker reports to the necessary parties involved (ie. Counsel, Crown Attorneys, etc.)
The Gladue Aftercare worker advocates for clients with service providers and supports clients by:
- Provide ongoing one-on-one support
- Work collaboratively with the Gladue Writer to actively participate in program planning, delivery and development
- Explains the importance of compliance/non-compliance
- Work collaboratively with Program Facilitators at TIN to ensure that clients are progressing and meeting their Gladue recommendations.
- Liaises with Probation officers to support the physical, mental, emotional and spiritual needs of clients