Gladue Principles
Gladue principles are the sentencing principles set out by the Supreme Court of Canada in R v Gladue, 1999 and elaborated in R v Ipeelee, 2012. The principles require sentencing courts to consider the unique circumstances of Indigenous offenders — including the systemic and background factors that have contributed to their involvement with the criminal justice system — when crafting a sentence. The duty applies to every Indigenous offender, in every sentencing.
Statutory basis — section 718.2(e)
Section 718.2(e) of the Criminal Code directs sentencing courts to consider all available sanctions other than imprisonment that are reasonable in the circumstances, with particular attention to the circumstances of Indigenous offenders. The provision is a remedial response to the disproportionate incarceration of Indigenous people in Canada. The Supreme Court has confirmed that section 718.2(e) imposes a substantive duty — not just a procedural reminder.
Gladue and Ipeelee
Gladue (1999) set out the framework: courts must take judicial notice of the systemic factors affecting Indigenous communities (colonization, residential schools, intergenerational trauma, displacement, poverty) and consider how those factors bear on the individual offender. Ipeelee (2012) reaffirmed and strengthened the framework: the principles apply to all Indigenous offenders regardless of the seriousness of the offence, and failure to apply them is an error of law.
Gladue reports
A Gladue report is a written presentence document prepared by a trained writer that sets out the offender's individual background, the systemic factors affecting their community, and culturally appropriate sentencing alternatives. Reports are funded in Ontario through Aboriginal Legal Services and similar agencies. They are not always available — some jurisdictions have long waitlists — but where available, a well-prepared Gladue report can significantly affect sentence.
What Gladue does not do
Gladue principles do not create automatic reductions in sentence and do not exempt Indigenous offenders from the principles of proportionality, denunciation, and deterrence. For the most serious offences — violent crimes, serious sexual offences — Gladue principles may not produce dramatic differences in outcome. But they shape the analysis, expand the range of available sanctions (particularly community-based and restorative options), and require the court to engage with the offender's individual story.
How Mass Tsang applies Gladue
For Indigenous clients, Mass Tsang's lawyers ensure that section 718.2(e) is properly raised, that a Gladue report is requested where available, and that all available alternatives to incarceration are presented to the court. Sentencing preparation in Gladue cases requires careful, individualized work.
Related glossary terms
