1. Find out if your case can go to Gladue Court
Question & Answer
What is a Gladue or Indigenous Peoples Court?To have your or sentencing in Gladue Court, you must self-identify as Indigenous, Métis, First Nations, or Inuit.
Self-identification means that, based on you and your family’s lived experience or history, you identify as a member of one of these groups.
It doesn’t matter if you live on a reserve or off reserve. And it doesn’t matter if you are a youth or adult.
You don’t have to have a status card or prove that you’re connected to an Indigenous community for Gladue to apply.
Types of cases that Gladue Court deals with
Gladue Courts deal with all criminal offences. They usually only handle bail hearings and sentencing hearings. They don’t handle trials or preliminary hearings.
Disclosure
The information that the police and Crown have about your case is called your . The Crown uses the information in your disclosure at your to try to prove you’re guilty.
In some Gladue Courts, the Crown will give you disclosure. If your Gladue Court doesn’t give disclosure, you will likely be into a “set date” or “remand” court where you will get disclosure.
Diversion
Some Gladue Courts also offer Indigenous diversion as a voluntary way to resolve minor criminal charges, often without going to trial or pleading guilty. Diversion involves taking responsibility for the crime you have been charged with and participating in the community.
Like many other programs, Indigenous diversion is usually available for less serious and non-violent offences. Examples include theft, not following conditions, or not showing up to court.
More serious charges are usually not allowed to go through diversion. Examples include violent crimes where there are injuries, charges, and other serious offences like drug trafficking.
If diversion is not an option, ask your lawyer or for advice about the strength of the Crown’s case against you and whether you should plead guilty. If you want to , you can ask to go to Gladue Court to have a , or order a Gladue Report, if available.
If you decide to go to trial, you probably won’t need to appear in Gladue Court again unless disclosure is given there.
