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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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What information does the judge need about non-jail options?

The judge needs to be told about sentencing options instead of jail. All non-jail options can be considered under Gladue, even if they are not Aboriginal programs. Sometimes Aboriginal programs are not available in a community, or you may not wish to be part of an Aboriginal program.

Are there programs that could help you with some of the issues that led you to court? For example, are there substance abuse programs or other types of healing programs?

If there are, the judge will need to know where those programs are and if you can get in. Even if you have been to programs like these before, it does not mean that you cannot go again. The judge may need to know what worked and what did not work the last time.

The judge may also want to know about any suitable programs or activities in your community, on or off reserve. Again, the judge will need to know if you can get in.

Your lawyer might not know this sort of information, so other people, such as Aboriginal courtworkers, may have to help. They may be able to give your lawyer information about you and some of the community issues and programs.