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Are you Aboriginal? Do you have a bail hearing? Or are you going to be sentenced for a crime? (Booklet)

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Does the judge always have to consider Gladue for Aboriginal people?

Yes, unless you tell the judge not to. This is sometimes called "waiving" Gladue. If you waive Gladue, the judge will not have to consider your Aboriginal background when deciding your sentence. This is hardly ever a good idea. So, be very careful about agreeing to waive Gladue.

In some situations it might make sense not to ask for a report. This could happen if, for example, you are in jail waiting for your trial and the crown attorney is asking for a sentence that is shorter than the time it would take to prepare the report. But, this does not mean that you should waive all of Gladue. Your lawyer could still provide the information the judge needs to follow Gladue.