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What are Gladue factors?

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What are Gladue factors?

Courts in Ontario have said that the Gladue principles apply to bail hearings. Every court must apply the Gladue principles even if it's not a Gladue Court. This means a judge must look at an Indigenous person's background and the impact of discrimination on them when deciding if bail is appropriate.

All types of releases must be considered before detention. Detention, or holding an Indigenous person without bail, is a last resort.

Examples of Gladue factors include:

  • Are you or someone in your family a residential school survivor?
  • Are you or someone in your family affected by the "Sixties Scoop", where the government removed Indigenous children from their homes?
  • Were you put in a foster home or involved in the child protection system?
  • Have you or someone in your family experienced poverty?
  • Have you or someone in your family experienced racism, trauma, childhood abuse, violence, or addictions?

Gladue principles apply to anyone who self-identifies as Indigenous, Metis, First Nations, Aboriginal, or Inuit. It doesn't matter if you live on or off reserve, or if you have a status card.