July 26, 2010

Aboriginal Legal Services: Gladue report training for Aboriginal advocates

Clients who self-identify as Aboriginal have rights under section 718.2 (e) of the Criminal Code, often referred to as Gladue rights. These rights apply to all Aboriginal people: status or non-status Indians, First Nations, Métis, or Inuit, as well as Aboriginal people living both on and off reserve. Gladue refers to the special consideration that judges must give an Aboriginal person when sentencing or setting bail for him or her: judges must keep in mind that Aboriginal offenders face special circumstances and, when sentencing, must consider all options other than jail.

In order to apply Gladue, the judge needs to understand your client's circumstances, and to know what kinds of community sentences are available and how they will help your client. To help the judge, your client's lawyer needs to provide the court with a Gladue report. A Gladue report gives the judge, Crown counsel, and your client's lawyer as much information as possible about your client, including his or her background, education level, family history, and any history with substance abuse. It's important to note that a Gladue report is not the same as a pre-sentence report, which is done by a probation officer. Our fact sheet, Are You Aboriginal?, provides some questions that can help your client and his or her lawyer get started on preparing a Gladue report.

This fall, the Aboriginal Legal Services program will be coordinating a training workshop for Aboriginal advocates on writing Gladue reports. The training, tentatively planned for late September or early October in the Terrace area, will provide both the practical aspects of and the theory behind preparing Gladue submissions. It will increase the capacity of Aboriginal organizations, communities, and First Nations to advocate for their members. The curriculum will include the history of the Gladue Supreme Court decision, interviewing skills, court procedures, restorative justice, First Nations court, and Aboriginal courts. Stay tuned for more information on this training opportunity.

In the meantime, if you're interested in participating in Gladue competency training, please e-mail Pamela Shields, Aboriginal Services Program manager, Legal Services Society. Lawyers who are familiar with Gladue and are interested in being added to a Gladue referral roster are also encouraged to contact Pamela at the above e-mail address.