Gladue Rights Research Database

Settler Colonial History and Indigenous People in Saskatchewan:
A Gladue Rights Research Database

This database is an ever-expanding work in progress. It 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.



Gladue Rights

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)



Subscriptions

100% of all subscription revenues go towards the hiring of highly qualified students at the University of Saskatchewan who, under faculty supervision, continually update the database to ensure it remains current with emerging scholarship and to continually enrich its collection of the archival and oral history resources. They are also working to expand the community research profiles.

Subscription Rates:

  • Corporate / organizational - $1,100 per year
  • Indigenous Community - $600 per year
  • Professional Researcher - $400 per year
  • Individual - $100 for two months

For subscription enquiries please email engaged.history@usask.ca