How Gladue Considerations Are Gathered and Introduced

There are a number of ways to submit the Gladue impact factors and other considerations:

• For Diversion: if the offender is a candidate and they do not have a lawyer, they will often be interviewed to see if diversion is an appropriate path for them.  These inteviews will often explore the offender's history and other relevant factors
• Offenders can communicate these factors through sentencing submissions by telling their personal history to their lawyer or to the court directly
• As part of a defence, the offender or their lawyer will often ask the court to order a pre-sentencing report to explore these factors in detail

In British Columbia, pre-sentencing reports are usually prepared by probation officers, employed by BC Corrections, 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.

• Native Courtworkers can be contacted directly  or through Duty Counsel at court

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.