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Indigenous rights: Bail

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How do Gladue factors affect bail?

A bail hearing is not a trial. The court does not decide whether you're guilty or innocent of the criminal charges. Instead, it decides if you should be released from custody into the community while your case is being decided.

It's important to 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. This may help you get bail that is reasonable in your circumstances.

For example, if the court wants a family member to be a surety that can supervise you while on bail, you may not have someone who can do this. This might be because you're not in touch with your family because of trauma, your involvement in child welfare, or because you moved to the city from a remote community.