Indigenous rights: Diversion
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.