Are you Aboriginal? Do you have a bail hearing? Or are you going to be sentenced for a crime? (Booklet)
Who gives the judge all this information?
Your lawyer should collect all the information and give it to the judge. It is best if the information is written up in a report. But that may not always be possible. The most important thing is that the judge should be given all the information needed to apply Gladue.
In some parts of Ontario, but not all, there are special Gladue caseworkers who write reports about Aboriginal offenders for the courts. If you are in one of these places, a Gladue caseworker can write a report for your lawyer to give the judge. If there are no Gladue caseworkers, an Aboriginal courtworker can help with giving the information to the judge.
Sometimes the judge asks for a pre-sentence report. Most of the time, probation officers write pre-sentence reports. But they are usually not able to get the type of information that a judge needs to apply Gladue.