Criminal Law & Aboriginal Persons
How is Gladue applied in Canadian courts?
In 1999, the Supreme Court ruled in R v. Gladue that courts must consider an Aboriginal offender’s background when he or she is being sentenced for a crime. Factors that are considered include discrimination, physical abuse, separation from culture or family, or drug and alcohol abuse.
Every criminal court in Canada is required to consider Gladue factors and principles when sentencing an Aboriginal person. Courts in Ontario must also consider a person’s Aboriginal background and the Gladue principles at bail hearings. If you wish to retain a lawyer with experience in Aboriginal criminal matters, you can speak to Ms. Emily Banks in our office.