There are a number of ways to submit the Gladue impact factors and other considerations:
In British Columbia, pre-sentencing reports are usually prepared by Corrections officers, preferably with access to knowledge of Aboriginal background and historical issues. In some situations, the defence may want an independent report created or further information submitted in addition to the report ordered by the court.
To create a report, the offender will be interviewed to uncover impact factors present in their personal history and to assess whether they have truly accepted responsibility for their actions, are willing and capable of undergoing a treatment program, and the degree of risk they present to the community. The amount of community supportavailable to the offender should also be examined.
If one is available, the defence can involve a Native Courtworker or member of another Aboriginal organization in preparation of a report or any sentencing submissions. They have extensive knowledge of Aboriginal cultural issues and are often familiar with resources available in the community for Aboriginals.
In addition, the defence can contact Aboriginal restorative justice organizations or local Band offices to find out what support is available. This information can be submitted either directly to the court or as part of the report.
The court will use this information to decide the appropriate sentence given the circumstances of the case and the available community resources and support.