Mental and Physical Health

There is a connection between Substance Misuse, Health and coming into conflict with the Law. Even though there has been significant improvements over the last 20 years, the overall health status of Aboriginal people in Canada is not as high as the general population:

Aboriginal People in Canada continue to have:

Emotional and Mental health issues has been, and will continue to be shaped by one's experiences, with childhood experiences especially significant. The Courts will need to understand the risk factors that compromise emotional and mental health for that offender.

Gladue Tip: things to consider reporting to the court

little or no connectivity or attachment to family; feelings of being unsafe, loneliness or isolation

trauma or serious losses, especially early in life

learned helplessness; not feeling in control of life or life situations, helpless to make change

assessed childhood or mental health disorders; ADHD, Fetal Alcohol Disorder, Bipolar

 The Courts will need to be informed of concerns regarding the physical health of an accused. Chronic health problems,  physical limitations or disabilities are important considerations for the Courts when imposing a sentence.
Gladue Tip: other relevant factors to be considered may be  

consider the circumstances of how the accused came to incur the physical health issue; accidental, self-inflicted,  caused by another

did the circumstances of the physical trauma create conflict with others within the community, family or peers

does the health issue prevent the accused from normal daily functioning, impede their ability to comply with court orders or limit their  employability