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Sentencing and bail submissions eligible for Gladue Certificate Extension

Posted on: Friday, July 3/09

The Gladue Extension gives lawyers an added five hours on certificates to prepare submissions for bail hearings or sentencing for clients who have self-identified as Aboriginal.

Available since May 3, 2009 as part of Legal Aid Ontario's Aboriginal Justice Strategy, the Gladue extension is for preparing submissions on the factors that a judge should consider when sentencing, such as the "unique background and systemic factors, which may have played a part in bringing the particular offender before the courts." (R. v. Gladue [1999] 1 S.C.R. 688, para 69)

This extension is not for the purposes of writing Gladue reports and cannot be used as disbursement.

The certificate will note the extension is available by stating: "Additional 5 hours to prepare submissions on Gladue principles for Aboriginal client at bail hearing or sentencing under the Criminal Code or the YJCA." Lawyers with clients who have self-identified as Aboriginal should check if the criminal certificate has the authorization for additional time, and advise staff accordingly.

The LAO LAW lawyer's website portal contains updated and new legal memoranda under "Aboriginal Legal Issues," as well as links to related websites.

To find out more about the Gladue Court in Toronto, Information for Counsel Requesting a Gladue Report from Aboriginal Legal Services of Toronto (ALST) and Gladue-related case law, please visit ALST's website at http://aboriginallegal.ca/gladue.php.