Collecting Relevant Gladue Principles

Effective Gladue submissions are created as the result of competent research and investigation, both geared to the unique circumstances of the Aboriginal Offender to be sentenced.

Always be upfront and clear with what you are doing with the Offender and everyone you interview. You may wish to develop a form explaining the process – in accessible language – for the Offender and others.

This way if there are any issues as to what the person was told the purpose was, you have it in writing.
To assure accurate information, remember a short pencil is always better than a good memory in most situations.

You may be questioned as to how you obtained the information (R. v. Florence, 2013 BCSC 194)

It is also important to ensure the information you are providing is relevant to the life of the offender. Speaking about intergenerational tauma, Residential School or systemic oppression is only relevant if it is clear that these factors have impacted the life of the accused.


Please take time to review R vs Bauer  ( R. v. Bauer, 2013 ONCA 691) a case in which the Court of Appeal for Ontario granted an appeal of a sentence when the Trial Judge erred in considering the historical trauma of Aboriginal people when there was no clear connection to the offender being sentenced.