Gladue rights in Canada ensure that every person of Indigenous descent who is charged with a crime has the opportunity to have their story heard by the judge so that the impacts of colonialism and systemic racism can be considered in the sentencing process. These stories are told in the form of a report to the judge, written according to legal standards, from a completely neutral stance. The Department of Justice and Correctional Services is responsible for Gladue reports in the Cree Nation courts, but finding writers that are equipped with the writing, organizational, and language skills in addition to the resilience needed to interview several people for each report, and to process the client’s story into a coherent legal report, was difficult. We were falling behind in our reports, and the courts were noticing. Furthermore, clients were heading to jail without having had their right to a Gladue Report recognized.
After an extensive exploration of causes of a poor Gladue Writer roster, it was determined that a) many people didn’t know what Gladue Rights were; b) people who signed up for the training didn’t realize how complex the work was; and c) the in-house expertise on Gladue Report writing was spotty, and very few people wanted to add it to their list of responsibilities. There was a resounding “it’s not my job!” Feel around Gladue reporting.
To address what was clearly a legal requirement as well as a right, we first culled the current roster of writers by determining availability, interest, and skill. We advertised through radio, print, video, and the local community bulletin boards for Gladue writers, but this time, we advertised for a minimum standard of university education. This would greatly reduce our applications but would ensure the people we screened were at least familiar with the academic setting.
Then we held an information session where wee invited questions and comments following a brief presentation. Following this, individuals could apply to be trained as a Gladue writer. Their application was sent to our director for approval, and, following the training, a judge would read the writer’s mock glade report. Based on that feedback, we offered several individuals a spot as a Gladue writer, thus replacing our outdated roster with bright energetic individuals who signed a commitment for at least one year.