Gladue Sentencing Submission (Accused) - Ontario (ALS/ONWA) and Gladue Court Pathway

The Process at a Glance: The process starts at bail or plea. For bail, counsel requests an ONWA fast-tracked Bail Letter and submits the required Care Plan. If the case proceeds to sentencing, counsel determines if the Crown seeks custody. Under ALS and ONWA rules, the Crown's position dictates if a full Gladue Report or a shorter Gladue Letter is commissioned. If the client is self-represented and streaming into the Self-Represented Court (SRC) pilot, counsel obtains an immediate 12-week adjournment to prepare reports. Counsel coordinates with Peel Region ALS or TIN aftercare programs to deliver the final submission.

Key Legislation and Case Law: The proceeding is governed by the Criminal Code, Section 718.2(e), and the Ontario Court of Justice Practice Directions (Ontario Courts). Key authorities include R. v. Gladue, [1999] 1 S.C.R. 688, and R. v. Ipeelee, 2012 SCC 13. Research is supported via CanLII (Canadian Legal Information Institute) and the Ontario Native Women's Association (ONWA Portal).

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