Criminal
Sentencing Indigenous Offenders — Gladue and Ipeelee
Section 718.2(e) and the systemic over-incarceration crisis.
Section 718.2(e) of the Criminal Code requires sentencing judges to consider all reasonable alternatives to imprisonment, with particular attention to Indigenous offenders. R v Gladue (1999) launched the framework; R v Ipeelee (2012) reinforced it.
Gladue principles apply at every sentencing of an Indigenous offender, regardless of offence severity or whether they live on or off reserve. The judge must consider (a) the unique systemic and background factors that may have played a part in bringing the Indigenous offender before the court, and (b) culturally appropriate sanctions including restorative options. Failure is reversible error.
Key principles
- Section 718.2(e) is remedialAimed at over-incarceration of Indigenous people.
- Gladue applies to every sentencingIncluding serious offences and breaches.
- Gladue reportsPre-sentence investigations of Indigenous background, prepared by trained writers.
- Failure is reversible errorIpeelee made this explicit.