Exploring the Canadian Judiciary’s Experiences with and Perceptions of Gladue

Abstract

Section 718.2(e) of the Criminal Code of Canada requires judicial consideration of Indigenous social context evidence in any setting in which an Indigenous person is facing a possible loss of liberty. This research explored how lower courts in Canada access this information, the quality and sufficiency of the information received, and whether and how this information assists in crafting appropriate sentences for Indigenous offenders. Our study found that, despite their limitations, Gladue reports are the most satisfactory means by which social context evidence is received. Explanations for this finding are discussed, as are the policy implications of the research for current approaches to Gladue and the realization of its remedial goals.