May 23
What is Gladue Bail?
Gladue principles are legal principles that aim to address the overrepresentation of Indigenous peoples in the criminal justice system and promote fair treatment during sentencing. While the Gladue principles primarily apply to sentencing, they can also have an impact during bail hearings.
During a bail hearing, the court considers whether to release an accused person from custody pending their trial. The court examines various factors, including the likelihood of the accused appearing for trial, the safety of the public, and the administration of justice.
When an accused person who self-identifies as Indigenous is seeking bail, the Gladue principles can be invoked to provide the court with relevant information about the individual’s background and circumstances. These principles stem from the Supreme Court of Canada’s decision in R. v. Gladue (1999), which recognized that the overrepresentation of Indigenous people in the criminal justice system is linked to historical and systemic factors such as colonization, cultural oppression, and socio-economic disadvantages.
In the context of bail hearings, the Gladue principles can be applied to highlight factors that may affect the accused person’s likelihood of reoffending or failure to appear for trial. For example, the court may consider the impact of intergenerational trauma, lack of access to resources, or disconnection from their community. This information can help the court make a more informed decision about whether the accused person should be released on bail and what conditions, if any, should be imposed.
The court may also consider alternatives to incarceration and explore community-based options that are consistent with the principles of Gladue. This could involve incorporating culturally appropriate bail conditions, such as requiring the accused person to participate in Indigenous programming, counseling, or support services that are tailored to their needs.
Oshawa Bail Lawyers
The lawyers of Lockyer Zaduk Zeeh are experienced bail lawyers. We place substantial emphasis on our client’s freedom, whether that is during the bail hearing phase or on a bail review. We work with you and your sureties to ensure you have the best chance of release pending your trial.
If you need an experienced lawyer to represent you at your bail hearing, special bail hearing, reverse onus bail hearing, bail review, or bail pending appeal, call us at (416) 613-0416 or (416) 595-9500 or contact us at info@Lzzdefence.ca for a consultation.
