The Gladue report is named after a 1999 decision by the Supreme Court of Canada, R. v. Gladue. Some of the key principles were reiterated in a 2012 decision, R. v. Ipeelee, which highlighted the over-representation of Aboriginals in the prison system, and concluded that the sentencing process for Aboriginals needed to be approached from a different perspective.

The objective of a Gladue report is to review the historical, systemic and individual factors that may have led to the accused’s presence before the court and to propose, where applicable, a range of options adapted to the accused’s needs. The Gladue report does not make a causal link between the crime and the factors it describes. This process is not intended to reduce prison sentences. Its goal is to determine a fair, appropriate sentence while paying particular attention to the circumstances of an Aboriginal offender and the actual options available that may increase the likelihood of dealing with the underlying causes for the crime in a comprehensive and fair way and, if possible, prevent re-offending.

A Gladue report generally includes:

• Informations of the accused, his type of case abd different sources (persons and documents);
• the personal history of the accused, which may cover his or her childhood and family environment, any trauma experienced and daily life in the past and present;
• the history and current context of the community, and the accused’s links with his or her community;
• the accused’s previous appearances in court, his or her reactions to the crime committed, and the measures that may be considered;
• a summary of the individual and systemic factors to be taken into consideration, recommendations, and culturally appropriate restorative/rehabilitative options.

There are some similar elements in both, but a Gladue report focuses more on the systemic and historical factors affecting Aboriginal offenders and their community. It presents the difficulties experienced over the years by the offender and community, including the impacts of sedentarization and residential schools, the offender’s current situation, his or her criminal record and any other relevant elements that may make it easier to understand the offender’s actions. The report also mentions the alternative solutions to imprisonment available inside or outside the Aboriginal community to help rehabilitate the offender while focusing on his or her Aboriginal culture and healing.

The Gladue report writer must have a minimum level of understanding of Aboriginal culture, the community and the resources available in the community or region. Cette personne doit avoir suivi une formation sur le sujet dispensée par des organismes du Québec et du Canada actifs en cette matière.