Gladue Factors

Due to the R. v. Gladue decision, Judges now have a duty to review information coming from a Gladue Report (or made through Gladue Submissions) that outlines the unique systemic or background factors which may have played a part in bringing the particular individual before the Court,.

The Canadian Criminal Code under s718.2(e) states "all available sanctions, other than imprisonment, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders." 

Judges have a duty to apply Gladue principles, irrespective of the charge and regardless of which court the offender appears in. 

This is not an exhaustive list but covers many of the most common Gladue Factors:

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