|Gladue (Aboriginal Persons) Court
There are now three Gladue (Aboriginal Persons) Courts in Toronto. The Gladue Court at the Old City Hall Courts sits all day Wednesdays and Fridays in Courtroom 116. The Gladue Court at the 1000 Finch Courts sits Monday afternoons in Courtroom 302. The Gladue Court at College Park sits all day on Thursdays in Courtroom 509.
The courts derive their name from the 1999 decision of the Supreme Court of Canada - R v. Gladue - that set out the parameters of section 718.2(e) of the Criminal Code regarding the sentencing of offenders, and in particular, Aboriginal offenders.
The Courts hear cases from Aboriginal people whose matters are going through either the Old City Hall Courts, College Park or 1000 Finch. Aboriginal people who have charges at the 2201 Finch Court can have them traversed to 1000 Finch (this applies to adults only, not to young offenders).
The Court accepts guilty pleas, sentences offenders and does bail hearings.
ALST has five staff - Gladue Caseworkers - who write reports at the request of defence counsel, the Crown Attorney or the judge on the life circumstances of an Aboriginal offender. These reports also contain recommendations that the court can consider in sentencing in light of the circumstances of the offender. These reports - Gladue Reports as they are often called - can be done for Aboriginal offenders in any court in Toronto as well as for Aboriginal offenders in the Hamilton and Brantford area, Waterloo-Wellington and Sarnia. More information on requesting a Gladue Report please speak to Jonathan Rudin - Program Director - at ext. 226 .
More information on the Gladue (Aboriginal Persons) Court
R v. Gladue
Commentary on R v. Gladue by Jonathan Rudin, Program Director, ALST
Sentencing Aboriginal Offenders in a Large City - The Toronto Gladue (Aboriginal Persons) Court by Mr. Justice Brent Knazan
The Toronto Gladue (Aboriginal Persons) Court - An Update by Mr. Justice Brent Knazan, April, 2005
Powerpoint Presentatiom by Jonathan Rudin, Program Director, ALST, on Gladue
Information for Counsel Requesting a Gladue Report from Aboriginal Legal Services of Toronto (ALST)
Aboriginal Legal Services of Toronto’s Gladue Caseworkers prepare Gladue Reports for Aboriginal clients in the following areas:
As of March 15, 2010, the Gladue Caseworker based in Brantford will be preparing reports only for Aboriginal clients in Brantford, Hamilton, Cayuga and Simcoe. We will no longer be providing reports for clients in St. Catherines, Niagara Falls, Welland, Fort Erie or Dunnville. We also will not be able to prepare reports for clients who are remanded in custody at the Elgin-Middlesex Detention Centre or the Peninsula Youth Centre.
Please check with Jonathan Rudin, Program Director, (416-408-3967 ext. 226 – email@example.com) if you are planning to request a Gladue Report from ALST for a court other than one of those mentioned above.
Gladue Reports will only be started following a guilty plea or a finding of guilt. ALST will not prepare a Gladue Report in anticipation of a guilty plea.
Gladue Reports are generally only done where the crown is seeking a custodial sentence of at least 90 days for an out-of-custody client or three additional months for a client who is in-custody.
It usually takes approximately four weeks to complete a Gladue Report.
Absent special circumstances, ALST will not do a Gladue Report for a client who will remain in custody on other charges that are unrelated to the Gladue Report.
To request a Gladue Report please click here, fill in the Gladue Report Request form and fax it to ALST 416-408-4268 – attention Jonathan Rudin.
Please do not assume that someone else in the court will fax in the form. If we do not receive the form we cannot complete the report.
Please fill in the form with as much detail as possible. In order to prepare the report we do need the synopsis or agreed statement of facts for the offences that are the subject of the report as well as the CPIC of the client.
If the client is out-of-custody please ensure that the contact information for the client is correct. If there are alternative contact numbers, please include them as well.
Please keep in mind that if ALST has not agreed to the date for the report in advance, we cannot ensure that the report will be ready for the date suggested although we will do our best to accommodate requests.
If you are anticipating ordering a Gladue Report, it would help if you spoke with Jonathan Rudin, Program Director (416-408-3967 ext. 226 – firstname.lastname@example.org) prior to ordering the report.
Gladue at the Ontario Court of Appeal
R v. Sim. In Sim, the Ontario Court of Appeal extended the reach of Gladue to decisions of the Ontario Review Board. The decision stands for the proposition that Gladue principles are engaged whenever a decision-maker is dealing with the liberty of an Aboriginal person at any stage of the justice system.
R v. JensenIn Jensen the Court of Appeal makes it clear that Gladue considerations are to be considered even where the issue the period of parole ineligibilty following a conviction for second degree murder.
R v. Brizard
In Brizard the Court of Appeal reaffirmed that s. 718.2(e) and Gladue apply to all Aboriginal offenders, even those who are not connected to the Aboriginal community.
R v. Kakekagamick (I)
In Kakekagamick the Court of Appeal stated that if a sentencing judge does not take into account s. 718.2(e) in sentencing an Aboriginal offender then the appeal court can request a Gladue Report.
R v. Kakekagamick (II)
In Kakekagamic (II) the Court of Appeal expands on its decision in Brizard and indicates that sentencing judges must do more than merely mention the fact that an offender is Aboriginal to meet the criteria of s. 718.2(e). The Court also restates the methodology around the sentencing of an Aboriginal offender and discusses the information that the judge should receive in such cases.
Gladue at the Ontario Superior Court
R v. BainA decision by Mr. Justice Archibald stating that the Gladue principles apply to bail hearings.
R v. CrawfordA decision by Madam Justice Wein that failure to consider Gladue at a bail hearing is an error of law.
R v. LinklaterA sentencing decision by Mr. Justice LaForme on charges of aggravated assault and obstruct justice.
R v. MumfordA sentencing decision by Madam Justice Kitely who imposed a long-term offender designation rather than a dangerous offender designation on an Aboriginal offender who suffered from FASD.
R v. TaylorA sentencing decision by Mr. Justice Crane on a charge of manslaughter.
Gladue at the Ontario Court of Justice
R v. AmichandA sentencing decision by Mr. Justice Knazan dealing with the appropriateness of a conditional sentence for an Aboriginal offender who accumulated a significant amount of pre-trial custody and pled guilty to a number of offences occurring at different times some of which require a sentence of greater than two years. Please note that this case has been appealed to the Ontario Court of Appeal.
R v. BoissoneauA decision by Justice Bignell finding that the provisions regarding minimum sentences for impaired drivers do not violate s. 7 (the principles of fundamental justice) and s. 15 (1) (equality) of the Charter of Rights. For the opposite view, please see R v. King, below.
R v. ClarkeA sentencing decision by Mr. Justice Sheppard on charges of break and enter and robbery.
R v. CraneA sentencing decision by Mr. Justice Sheppard on charges of theft under x 3, carry concealed weapon, fail to appear x2, and breach of probation.
R v. DayfootA sentencing decision by Madam Justice Shamai on a robbery charge for an offender diagnosed with FASD/ARND.
R v. DebassigeA sentencing decision by Mr. Justice Sheppard on a charge of assault with a weapon.
R v. DorianA sentencing decision by Mr. Justice Bentley on charges of robbery and assault bodily harm.
R v. JohnA sentencing decision by Madam Justice McGowan on a charge of manslaughter.
R v. K.A sentencing decision by Mr. Justice Horkins on a charge of arson.
R v. King.A decision by Mr. Justice Knazan finding that the provisions regarding minimum sentences for impaired drivers violate s. 7 (the principles of fundamental justice) and s. 15 (1) (equality) of the Charter of Rights.
R v. LabradoreA sentencing decision by Mr. Justice Sheppard on a charge of robbery.
R v. LaffertyA sentencing decision by Mr. Justice Cole on charges of theft over, possession of property obtained by crime over, dangerous operation of a motor vehicle, fail to remain at the scene of an accident, assault police officer and mischief under x 2.
R v. LongboatA sentencing decision by Madam Justice Zivolak on charges of assault police, mischief and fail to comply x3.
R v. P.A sentencing decision by Mr. Justice Reinhardt on a charge of aggravated assault where the victim was the nine month old son of the offender.
R v. PaulA sentencing decision by Mr. Justice Knazan on two serious assaults where the offender is suspected of suffering from Fetal Alcohol Spectrum Disorder.
R v. PhillipsA sentencing decision by Mr. Justice Lenz on a charge of manslaughter.
R v. VaneveryA sentencing decision by Madam Justice Zivolak on a charge of operation of motor vehicle while disqualified.
R v. WildeA sentencing decision by Madam Justice Omatsu on a charge of robbery.
Gladue at Youth Court
R v. J.D. and F.D.A sentencing decision by Mr. Justice Harris involving two youth charged with assault causing bodily harm and aggravated assault.
Evaluations of ALST's Gladue Program
ALST's Gladue Program provides the services of Gladue Caseworkers to write Gladue Reports for Aboriginal offenders in Toronto and in the Hamilton and Brantford region. Legal Aid Ontario (LAO) funds two of our Gladue Caseworkers and the Ministry of the Attorney General funds the third. LAO commissioned Campbell Researh Associates to do a three year evaluation on the program. The first and second year evaluations can be found below.
Year One Evaluation
Year Two Evaluation
Year Three Evaluation