Are you Aboriginal? Do you have a bail hearing? Or are you going to be sentenced for a crime? (Booklet)
Can I stay out of jail just by telling the judge I am Aboriginal?
No. The judge should be told that you are Aboriginal. But this does not automatically mean that you will not go to jail. The judge also needs to look at a lot of other information before deciding whether you get a jail sentence or a non-jail sentence.
Non-jail sentences can take place in the community. They can mean less time in jail or no jail. Some examples are alcohol treatment programs, anger management programs, and programs for survivors of abuse.
If jail is the only option, the judge must still apply Gladue when deciding how long you have to spend in jail.