R v AD, 2024, a recent case from the Alberta Court of Appeal, highlights the far-reaching importance of Gladue reports and principles. The Crown successfully appealed a sentence on the grounds that the defendant’s Gladue report was taken into consideration, but not Gladue principles related to the victims. The decision highlights the importance of sections 718.04 and 718.201 of the Criminal Code which are intended to strengthen the law’s response to violence against Indigenous women and girls.
Many of Legal Aid Alberta’s roster lawyers represent Indigenous clients on a regular basis. National Indigenous History Month is an appropriate moment to note the critical importance of Gladue principles in providing clients with the best possible representation. As the Supreme Court recognized in 1999 in R v Gladue:
- The overrepresentation of Indigenous people in the criminal justice system is a serious and complex issue rooted in systemic discrimination and the history of colonialism;
- The unique systemic or background factors which may have played a part in bringing an Indigenous person in contact with the law should be considered in criminal justice decision-making; and
- All other alternatives, including culturally appropriate restorative and traditional Indigenous justice processes, should be considered before sending an Indigenous person to jail.
Legal Aid Alberta is proud to work with a roster of experienced lawyers who understand the critical role that Gladue principles play in the justice system.
“You can’t represent your Indigenous clients with competence and vigour if you’re not digging deep into these issues,” says Aaron Sparvier, Legal Aid Alberta’s Indigenous Liaison. “Don’t be shy to utilize Gladue principles at any stage of the process; they can make a real difference for people.”