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Indigenous rights: Diversion

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What is Gladue?

Every court must apply Gladue principles even if it's not a Gladue Court.

Gladue Court is a special criminal court for Indigenous people charged with a crime.

The word Gladue is taken from the name of an important court case decided in 1999. In the Gladue case, the Supreme Court of Canada said:

  • The high number of Indigenous people in prisons across the country is a serious issue that courts must consider.
  • There are systemic or background factors that courts must take into account when sentencing Indigenous people.
  • Jail sentences should be a last resort.

In Ontario, these Gladue principles are also applied to bail hearings.