Law Society of Newfoundland and Labrador launches Gladue Writer Pilot Project

The Law Society of Newfoundland and Labrador has announced the launch of the Gladue Writer Pilot Project, which aims to improve access to Gladue reports for Indigenous individuals in the province’s justice system.

A Gladue report provides comprehensive background information on Indigenous offenders during sentencing, appeals, long-term or dangerous offender hearings, and parole hearings. These reports detail the offender's community, family history, and systemic factors that may have influenced their involvement in the justice system. The reports also suggest healing and restorative justice alternatives to incarceration.

Defence lawyers and Crown attorneys can now request a Gladue report through the Newfoundland Aboriginal Women’s Network (NAWN). NAWN has created a secured portal on their website to facilitate these requests, which are directed to the project manager. The reports are assigned to one of the two dedicated Gladue writers based in Stephenville and Goose Bay or one of 10 roster writers located throughout Newfoundland and Labrador.

The need for Gladue reports stems from a Supreme Court of Canada’s decision which recognized the overrepresentation of Indigenous people in Canada’s prisons. Section 718.2(e) of the Criminal Code emphasizes that sentencing judges must consider "all available sanctions, other than imprisonment" with special attention to the circumstances of Indigenous offenders.

Indigenous individuals, including First Nations, Métis, and Inuit, are entitled to Gladue rights, regardless of whether they live on or off reserves. These rights require courts to consider systemic or background factors unique to Indigenous people during sentencing.

Common Gladue factors include the impacts of colonialism, feelings of dislocation from culture, community, and family, and experiences with systemic racism. Other factors include housing shortages, lower education levels, high rates of incarceration, and issues such as mental health and substance abuse. Judges must apply Gladue principles in all cases involving Indigenous offenders, regardless of the charges or court.

The project aims to ensure that Indigenous individuals receive fair and culturally sensitive treatment in the legal process by improving access to Gladue reports. The Law Society encourages legal professionals to use this new resource to support fair and equitable sentencing practices for Indigenous individuals.