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Native American Law: Gladue Rights Research Database

LibGuide for Jess Shoemaker's Native American Law Seminar

What is the Gladue Rights Research Database?

Settler Colonial History and Indigenous People in Saskatchewan

A work in progress, according to the information provided on the website, Gladue Rights Research Database "is designed to provide Indigenous people, their legal counsel, and others working within the justice system with information that will assist in the protection of Gladue rights after a person’s conviction and prior to sentencing. In particular, this database provides researchers with information pertaining to the history of settler colonialism in the province of Saskatchewan up to c. 1990.

This database is designed to provide much, but not all, the information required to write or review a Gladue report. It provides solid comprehensive information explaining the unique circumstances that have impacted and shaped Indigenous people’s lives in Saskatchewan – the essential historical backgrounds and contexts to the situations Aboriginal people face today. The additional recent and intimate personal information needed to complete particular Gladue reports must be acquired separately."

Law Society of Saskatchewan Blog post discussing new features in the database.

Access the database: http://drc.usask.ca/projects/gladue/

Using and Citing the Database

From the website:

The following statement must appear in or on any books, articles, maps, reports, workshop presentations, datasets, meta-data or other publications which incorporate or are based on the material downloaded here:
“This work is based upon information provided through the ‘Settler Colonial History and Indigenous People in Saskatchewan: A Gladue Rights Research Database,’ accessed [provide date here]), gladue.usask.ca.”

Where the above statement is included in a web page or similar online resource, the reference to "gladue.usask.ca" must be a working hyperlink.

Open Accessibility

Gladue Rights

More information on Gladue Rights from the website:

Gladue rights derive from Section 718.2(c) of the Criminal Code. The Supreme Court handed down its decision in R. v. Gladue in 1999. Gladue rights are enjoyed by First Nations, Inuit, and Metis people. They emerge from the unique experiences and circumstances that Aboriginal people have suffered under settler colonialism. That is to say, Gladue rights are derived from Aboriginal people’s unique history as the original occupants of this land and their distinct experiences as the victims of settler colonialism:

“…the circumstances of aboriginal people are unique. In sentencing an aboriginal offender, the judge must consider: (a) the unique systemic or background factors which may have played a part in bringing the particular aboriginal offender before the courts; and (b) the types of sentencing procedures and sanctions which may be appropriate in the circumstances for the offender because of his or her particular aboriginal heritage or connection…. Judges may take judicial notice of the broad systemic and background factors affecting aboriginal people, and of the priority given in aboriginal cultures to a restorative approach to sentencing.” (https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1695/index.do)

Gladue Awareness Project

The Report focuses on the sentencing of indigenous people in Saskatchewan. From the Report's Introduction:

"This project has been generously funded by the Law Foundation of Ontario. It is an initiative of the Indigenous Law Centre at the University of Saskatchewan (the “Centre”) aimed at facilitating the sharing of knowledge with respect to both the crisis of Indigenous over-incarceration in Saskatchewan and our justice system’s response."

More information about the Report is available from the Indigenous Law Centre.