Gladue Sentencing Submission (Accused)

Purpose of this Guide: Use this plan when representing an Indigenous client (First Nations, Métis, or Inuit) at a sentencing proceeding under Canadian criminal law. It guides defence counsel through client intake, mandatory consent waivers, and compiling Gladue background history to establish the statutory duty under Section 718.2(e).

Jurisdiction: This plan operates under Canadian federal criminal law and is applicable across all provincial and superior criminal courts. The forks address: (1) representing an Indigenous accused within the Ontario Court of Justice Gladue Court system, (2) managing the British Columbia First Nations Justice Council GIMS workflow, and (3) advocating for federal corrections reintegration under the Corrections and Conditional Release Act.

The Process at a Glance: The process begins immediately post-conviction or prior to a guilty plea. Counsel conducts trauma-informed onboarding to obtain confidentiality waivers and limited releases. Once consent is secured, counsel compiles the intake package, requests the prior criminal record, and contacts the provincial service provider to assign a writer. During the preparation period, counsel conducts background interviews regarding residential schools, foster care, and socioeconomic hardships to draft the submission. At the sentencing hearing, counsel presents the completed report or letter, establishes the mandatory principle of restraint, and proposes a culturally appropriate restorative healing plan.