EDMONTON — The Alberta Court of Justice is changing the name of reports used to provide judges with background information about Indigenous people during sentencing.
Beginning Sept. 1, the court will use the term “Indigenous Background Report” instead of “Gladue Report.”
The Alberta Court of Justice says the change follows consultation with members of the Gladue family, Indigenous leaders, Indigenous-serving organizations and others who work closely with the court.
The court says the new name does not change the substance of the reports or how they are researched and written.
The reports provide judges with information about an Indigenous person’s personal, family, community and systemic background where those circumstances may be relevant to sentencing.
They stem from the Supreme Court of Canada’s 1999 decision involving Jamie Tanis Gladue, a 19-year-old Cree-Métis woman from Alberta who pleaded guilty to manslaughter in the death of her common-law husband.
The case followed changes to the Criminal Code requiring sentencing judges to consider alternatives to imprisonment for all offenders, with particular attention to the circumstances of Indigenous people.
The sentencing judge in Gladue’s case considered her Indigenous background but concluded the provisions did not apply because she lived off-reserve.
The Supreme Court ultimately upheld Gladue’s three-year sentence but found the sentencing judge was wrong to exclude the Indigenous sentencing considerations based on where she lived.
The decision established those considerations apply to Indigenous people regardless of whether they live on or off reserve.
Reports developed following the decision can examine factors including residential schools, the child-welfare system, family circumstances, cultural dislocation and other systemic factors which may have affected the person appearing before the court.
They are intended to give sentencing judges a fuller understanding of an Indigenous person’s circumstances and assist in assessing an appropriate sentence.
The reports have commonly carried the Gladue name because of the Supreme Court decision, but concerns have emerged over associating a family surname with criminal proceedings and the often difficult circumstances described in the reports.
The Alberta Court of Justice says the new terminology is intended to more accurately describe the purpose of the assessment while respecting the wishes of the Gladue family.
“The Court is grateful for the guidance it has received and makes this change with deep respect for the wishes of the Gladue family and for the continuing importance of using language that is accurate, thoughtful, and respectful,” the court said in its announcement.
The change is one of terminology only.
The court says Indigenous Background Reports will continue providing the same information and will be researched and prepared through the same process when the new name takes effect Sept. 1, 2026
Comments