How do Gladue factors affect sentencing?
All alternative penalties must be considered before jail, including culturally appropriate sentences. Alternative penalties include a fine or a sentence that can be served in the community, like probation. This does not mean that Indigenous people can’t be sentenced to jail or that they automatically get a lesser sentence.
It’s important that you tell your lawyer or duty counsel if you self-identify as Indigenous. With your permission, your lawyer can tell the court about your Indigenous identity and make arguments, called Gladue submissions, about how the Gladue principles apply to your case.
A judge can use a sentencing circle or Gladue Report to help them decide on an appropriate sentence.
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