Why Gladue has not lived up to its promise for Indigenous justice – Macleans
Across the country, Gladue rights for Indigenous offenders are being ignored, underfunded or flat-out denied
October 18, 2017
On May 8, 2015, when Jeremy Davies was charged with various crimes and looking at seven years in prison, no one told him he had the right to a Gladue report. He was aware of the option, but wasn’t sure if the report, which outlines the life circumstances of Indigenous offenders, would make his situation better or worse.
Davies says Crown lawyers fought to prevent him from applying for one, claiming that a Gladue report is no different from a pre-sentencing report, an even shorter document prepared by a probation officer. “They said it’s not going to make a difference,” Davies says.
Davies, 35, is Ojibway and believes his roots lie on Manitoulin Island. He has spent much of his life in and out of the criminal justice system. But this latest run-in with the law was the first time that he received a Gladue report—and it was almost by accident.
