N’Amerind (London) Friendship Centre

Gladue writer programme

Referral guidelines

TABLE OF CONTENTS

Gladue Report

Eligibility

Referral Process

Timelines

Client Responsibilities

Aboriginal Courtworkers Role and Responsibilities

Gladue Writer Role and Responsibilities

Case Management Process

GLADUE REPORT

In 1996 sentencing reforms were made to the Criminal Code. These reforms put an emphasis on restorative justice goals, the availability of conditional sentences and a realization that alternatives to imprisonment should be considered.

The Supreme Court of Canada interpreted and applied s.718.2(e) of the Criminal Code in its decision of R. v. Gladue, [1999] 1 S.C.R. 688. This particular section of the Code clearly acknowledges the need to consider “all available sanctions other than imprisonment that are reasonable in the circumstances...with particular attention to the circumstances of aboriginal offenders”. The reasoning is to recognize the tragic history of Aboriginal Peoples and the overrepresentation of Aboriginal Peoples incarcerated.

The goal of the N’Amerind Gladue Writer Programme is to produce reports that address the systemic factors which often play a part in bringing the specific offender before the courts and to highlight the types of sentencing approaches that might be appropriate to the offender because of his or her Aboriginal heritage. However, it is very important to remember that the Gladue Report is not a means to receive a lighter or reduced sentence. Amongst other factors, the sentence will always be proportionate to the gravity of the offence, the harm to the victim/community, and the degree of responsibility exhibited by the offender.

ELIGIBILITY (Must be a case heard in the London Courthouse)

1. Self-identify as an Aboriginal Person.

2. Either: have plead guilty to a Criminal Code offence OR have been found to be guilty of committing a Criminal Code offence AND if incarceration of more than 90 days is expected.

REFERRAL PROCESS

1. Either a Judge, Defence Counsel, or Crown Attorney can request the completion of a Gladue Report prior to sentencing.

2. The Request Form (see Appendix “A”) will be completed and faxed to Brenda Young, N’Amerind Gladue Writer.

3. If eligible, the report will be completed by the stated sentencing date on the Request Form.

TIMELINES

A request for a Gladue Report should be provided to Brenda Young at least 60 days prior to the required date and will not commence until confirmation is provided by Brenda Young.

CLIENT RESPONSIBILITIES

The client is the Aboriginal offender. The client will be required to sign a Universal Consent Form and a Release of Information Form. A report requires an in-depth investigation and analysis of the offender’s historical life circumstances therefore the client must be willing to provide the required information and be mentally prepared because the preparation of the report will be extremely emotional. In addition, the client will be required to be honest with the provision of information.

ABORIGINAL COURTWORKER(S) ROLE AND RESPONSIBILITIES

N’Amerind has one (1) criminal courtworker and one (1) combined courtworker (who splits his time between family/youth and criminal matters). The courtworker’s role is to provide assistance to the Judge, Defence Counsel, or Crown Attorney with the referral process, if necessary. Courtworker(s) will also have a supply of programme information packages available for distribution.

GLADUE WRITER ROLE AND RESPONSIBILITIES

N’Amerind has one (1) Gladue Writer. Once the Gladue Writer receives the request and agrees to complete the report, research and investigation will commence on the particular offender’s report. Each client’s circumstances will be different and will require different investigation. The report will be completed by the agreed upon date.

CASE MANAGEMENT PROCESS

The Gladue Writer will manage all tasks of the process including administration, tracking referral statistics and written report statistics. The client will manage their performance in completion of alternatives to incarceration, if applicable.

APPENDIX “A”

SAMPLE GLADUE REPORT REQUEST FORM

Today’s Date: _________________________________________

Name of Court: _______________________________________

Address: __________________________________ Phone: ________________

Is Client in Custody: ( ) Yes ( ) No If Yes how long? ________________

Where: ________________________________________________

Court: _____________________ Sentencing Judge: _______________________

Charges: __________________________________________________

Defence Counsel: ______________________________________________

Phone: ____________________ Fax: _________________________

Crown: ___________________ Crown Position: ______________________

Date Report requested for: ______________________________________

Has Gladue Writer agreed to this date: ( ) Yes ( ) No

Attached: ( ) Synopsis of Offence ( ) CPIC

Please note: The Gladue Writer will only consider preparing a full Gladue Report after the client has pled guilty or was found guilty after a trial and the client is facing a possible incarceration of more than 90 days.

If the Gladue Writer has not agreed in advance to prepare a Gladue Report in this matter it cannot be assumed the Report will be available on the date requested. The Gladue Writer will endeavour to notify all parties as soon as possible if it is not possible to complete the Report by the requested date. A request should be submitted at least 60 days prior to the requested date.

For more information please contact: Brenda Young, Gladue Writer, N’Amerind Friendship Centre, 519-672-0131 ext. 235 or byoung@namerind.on.ca

PLEASE FAX COMPLETED FORM TO THE ATTENTION OF BRENDA YOUNG AT 519-672-0717.