The Challenge
Gladue Principles, or Gladue Rights, address the ways the criminal justice system has failed Indigenous people. Judges must consider the unique circumstances and experiences which may have played a part in bringing an Indigenous person in contact with the law. Gladue Principles apply to every First Nations, Inuit, and Métis person in Canada, regardless of where they live.
Gladue Principles arose from a 1999 Supreme Court of Canada decision in a case called R. v. Gladue. The Supreme Court of Canada found that colonialism creates unique challenges for Indigenous people that results in higher incarcerations rates. Gladue Factors are the systemic or background factors related to these challenges and the harmful impacts of past and ongoing colonialism. Gladue Factors can include racism, loss of language, removal from land, intergenerational trauma resulting from the 60s Scoop and Indian residential and day school attendance, and the disruption of family and community connections. Information about an Indigenous person’s background, including Gladue Factors, is presented in a comprehensive Gladue Report to support judges’ application of Gladue Principles in their decision-making.
Gladue Principles ultimately represent an established approach by the Supreme Court of Canada to help reduce over-incarceration of Indigenous peoples and effect meaningful Track 1 reform of the existing justice system. However, there has been a lack of tangible and measurable results from this approach due to inconsistent, non-systematic applications of Gladue Principles and a need to transition Gladue Services in BC to an Indigenous entity.
The Solution
Implementing a comprehensive Gladue Strategy to promote the fair treatment of Indigenous people in the criminal justice system, BCFNJC will assume responsibility for the administration and management of Gladue Services across BC and establish a Gladue Service Department. The Gladue Service Department will be dedicated to advancing the systematic and thorough application of Gladue Principles, the timely delivery of high quality Gladue Reports, Gladue awareness and education programs, and improved Gladue writing and reporting processes.
