Are you Aboriginal? Do you have a bail hearing? Or are you going to be sentenced for a crime? (Booklet)
What if the judge does not follow Gladue when sentencing me?
This is what a judge has to do to follow Gladue:
- The judge must get the necessary information about your background and about the non-jail options available.
- The judge has to consider whether the options mean that a non-jail sentence should be used instead of jail.
- Even if the judge decides that jail is necessary, the judge must still consider your background information when deciding how long your jail sentence should be.
If any of these three things do not happen, then the judge may have made a mistake and you may be able to appeal the sentence. For help with appealing a sentence, contact the Legal Aid Ontario office in your area.
If you have been refused legal aid, you can still appeal your sentence from jail. Make sure you say in your appeal form that you think that Gladue was not followed in your case.