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R v Gladue is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the Criminal Code. That provision, enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders". In 2012, in R v Ipeelee, the Supreme Court confirmed the basic principles it had set out in R v Gladue.

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  • R v Gladue (en)
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  • R v Gladue is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the Criminal Code. That provision, enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders". In 2012, in R v Ipeelee, the Supreme Court confirmed the basic principles it had set out in R v Gladue. (en)
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Unanimous
  • Cory and Iacobucci JJ (en)
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LawsApplied
  • Criminal Code, s. 718.2 (en)
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  • R v Gladue is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the Criminal Code. That provision, enacted by Parliament in 1995, directs the courts to take into consideration "all available sanctions, other than imprisonment" for all offenders. It adds that the courts are to pay "particular attention to the circumstances of Aboriginal offenders". Gladue was the first case where the Supreme Court considered the interpretation and application of this provision. It upheld the three year sentence for manslaughter which the sentencing judge gave to Gladue, but also set out factors which the sentencing courts are to take into account in applying s. 718.2(10(e). In the years since the decision, sentencing judges have directed that to assist in sentencing Indigenous offenders, pre-sentencing reports be prepared to assess the factors which the Supreme Court has identified as being considered under s. 718.2(1(e). That type of report has become known as a "Gladue report." In 2012, in R v Ipeelee, the Supreme Court confirmed the basic principles it had set out in R v Gladue. (en)
case-name
  • R v Gladue (en)
decided-date
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  • Jamie Tanis Gladue v Her Majesty the Queen (en)
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  • McLachlin and Major JJ (en)
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  • Appeal dismissed (en)
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