R v Gladue: Difference between revisions

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{{Short description|1995 Supreme Court of Canada case on sentences for Indigenous offenders}}
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|case-name=R v Gladue
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|LawsApplied= ''Criminal Code'', s. 718.2(e)
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'''''R v Gladue''''' is a decision of the [[Supreme Court of Canada]] on the [[Criminal sentencing in Canada|sentencing]] principles that are outlined under s. 718.2(e) of the [[Criminal Code (Canada)|''Criminal Code'']]. That provision, enacted by Parliament in 1995, directs the courts to take into considerconsideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders".
 
''Gladue'' was the first case where the Supreme Court considered the interpretation and application of this provision. It upheld the three year sentence for manslaughter which the sentencing judge gave to Gladue, but also set out factors which the sentencing courts are to take into account in applying s. 718.2(10(e).
 
In the years since the decision, sentencing judges have directed that to assist in sentencing Indigenous offenders, pre-sentencing reports be prepared to assess the factors which the Supreme Court has identified as being considered under s. 718.2(1(e). That type of report has become known as a "[[Gladue report]]."
 
In 2012, in ''[[R v Ipeelee]]'', the Supreme Court confirmed the basic principles it had set out in ''R v Gladue''.
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== Gladue reports ==
*[[{{main|Gladue report]]}}
 
Following the Supreme Court decision, sentencing courts began requiring pre-sentencing reports for aboriginal offenders, to specifically report on the factors which the Supreme Court held were required by s. 718.2(e), which Parliament had enacted in an attempt to lower the severe over-representation of Indigenous people within the Canadian criminal justice system. These reports became known as [[Gladue report]]s. Some of the items included in Gladue reports include the tragic history, cultural oppression, poverty, abuse suffered and [[Canadian Indian residential school system|residential school]] attendance of the Indigenous offender'''.'''<ref>{{Cite web|url=http://gladueprinciples.editmy.website/english|title=English {{!}} Gladue Sentencing Principles|website=gladueprinciples.editmy.website|language=en|access-date=2018-12-03}}</ref>
 
==See also==
* [[Gladue court]]
* [[Gladue report]]
*[[Healing lodge]]
*[[Indigenous Peoples and the Canadian Criminal Justice System]]
* [[List of Supreme Court of Canada cases (Lamer Court)]]
*''[[R v Ipeelee]]''
* ''[[R v Wells]]''
*[[Healing lodge]]
*[[Gladue report]]
*[[Indigenous Peoples and the Canadian Criminal Justice System]]
 
==Notes References ==
{{reflist}}
<references/>
 
{{DEFAULTSORT:Gladue}}