The Alberta Court of Justice has decided to rename the reports used by judges to aid in understanding the circumstances of Indigenous individuals facing sentencing. The term “Gladue report” will now be replaced with “Indigenous background report.”
This change in nomenclature is aimed at better aligning with the assessment’s purpose and does not alter the content or methodology of the reports. Originating from a 1999 Supreme Court of Canada case involving Jamie Tanis Gladue, these reports offer sentencing judges insights into an Indigenous offender’s personal, familial, communal, and systemic context, considering the impacts of colonialism and intergenerational trauma.
Effective September 1, the name adjustment follows consultations with the Gladue family members, Indigenous leaders, organizations serving Indigenous communities, and other stakeholders collaborating closely with the court.
Jackson Mirasty, a criminal defense lawyer from Edmonton, explained that the reports serve as tools for judges to evaluate an offender’s moral responsibility while determining an appropriate sentence. These reports delve into various aspects such as experiences with residential schools, childhood adversities, substance abuse, family dynamics, cultural dislocation, and involvement with child welfare systems.
Mirasty emphasized that the objective is not to provide preferential treatment but to ensure that judges consider the circumstances influencing an individual’s actions. By conducting interviews with the offenders and gathering information from family members, the reports offer a holistic view of an individual’s background, including sensitive and traumatic experiences.
While acknowledging the rationale behind distancing the reports from the Gladue family name, Mirasty raised concerns about the new term “Indigenous background report.” He highlighted the risk of implying that the factors considered are intrinsic to Indigenous people rather than being rooted in Canada’s colonial legacy.
The Alberta Court of Justice stated that the updated terminology aims to use language that is precise, considerate, and respectful while upholding the significance of the assessments. Mirasty does not anticipate the name change to impact the sentencing of Indigenous offenders directly. Instead, he suggested that the change may influence public perception and separate the reports from the Gladue family name, which can contain accounts of trauma and abuse.
The court reassured that despite the name alteration, the assessment process remains unchanged.
