Last reviewed in December 2023 by the Clicklaw Editors

Anybody who thinks of themselves (self-identifies) as Indigenous has what are called Gladue rights. These rights mean that when making sentencing decisions about an Indigenous person, a judge must consider the adverse or harmful social conditions that many Indigenous people face. This consideration may, in some cases, lead to a restorative justice remedy (a type of sentencing that tries to follow an Indigenous view of justice: the focus is on responsibility and healing instead of punishment). An example of this is circle sentencing, when the sentencing judge and appropriate community members meet outside the courtroom to discuss an appropriate sentence for the accused.

BC's First Nations Courts are Gladue courts. 

Good starting points include:

• Gladue Services (Information for the Public), from BC First Nations Justice Council, explains Gladue rights, factors, and how to get a Gladue report.
• Legal Information for Indigenous People, from the Bella Colla Legal Advocacy Program, has a section on Justice Systems that covers ciruit courts, legal supports, legal aid elligibility, what to do if you are charged with a crminal offence, restorative justice, Gladue Reports, Indigenous Court, and youth criminal justice.

Need more help?

• Gladue Services, from BC First Nations Justice Council, can help you get a Gladue report. To access the service, you can fill out the online information form or visit the Indigenous Justice Centre in your community.
• First Nations/Indigenous Courts Duty Counsel, from Legal Aid BC, can help you apply to First Nations Court, and help you find a lawyer and someone to write your Gladue report.
• Native Courtworkers, from NCCABC, assist Indigenous people involved in the criminal justice system to obtain fair, just, equitable and culturally sensitive treatment.
• Indigenous Community Legal Clinic (ICLC), from the Peter A. Allard School of Law at UBC, provides legal services to the Indigenous community in the Downtown Eastside of Vancouver, and throughout the Lower Mainland.
• Find more help near you on Clicklaw HelpMap.

See our related common questions:

• See all common questions about Indigenous Peoples
• See all common questions about crimes & offences

tags

sentencing, Gladue, First Nations Court, criminal court, circle sentencing, restorative justice, Gladue report, Gladue rights, Aboriginal people