Business Law: The Gladue Principle, Sentencing, and Aboriginal People

This report analyzes the Gladue Principle within the context of Canadian business law, focusing on its application to Aboriginal offenders. It examines the principle's origins in R v Gladue [1999] and its subsequent development, including the case of R. v Ipeelee, 2012. The report highlights the principle's role in shaping sentencing practices to address the social and systemic disadvantages faced by Aboriginal people, advocating for its continued use despite potential criticisms. It references the Criminal Code of Canada, specifically section 718.2(e), and discusses the ongoing challenges of racial discrimination within the legal system. The report emphasizes the importance of the Gladue Principle in balancing the social and educational backwardness that contributes to criminal behavior among Aboriginal communities.

Running head: BUSINESS LAW
Business Law
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The Gladue principle refers to the pre-sentencing and bail hearing report by the
Canadian courts pertaining to the offenders belonging to the Aboriginal background. It is
used by the court to lower the term of sentence or the amount of punitive punishment. The
Gladue principle is also used to determine the constitutionality of the minimum sentences that
was set by the Crown. Section 718.2(e) is the provision incorporate in the Criminal Code of
Canada which guides the Gladue principle and its exercise.
The case of R v Gladue [1999] 1 S.C.R. 688 was the pioneer case that build the
Gladue principle as it made the Supreme Court of Canada outline the application of the
section 718.2(e) of the Criminal Code of Canada. The principles established in the Gladue
case is still applicable as seen in the case of R. v Ipeelee, 2012 SCC 13, [2012] 1 SCR 433
where it was held that the principle also applied to breach of long-term orders pertaining to
supervision; it made the case of R. v Ipeelee a substantial precedent as well in terms of
sentencing of aboriginal offenders.
The report states that the Gladue principle is strictly followed by the Canadians in
terms of treating the indigenous people equally by giving them certain benefits so that they
are seen as equal to the people of urban settlement. However, it is also stated that there are
instances where the aboriginal are still made to face discrimination pertaining to the legal
system. They still do not receive legal aids from the government and are still racially
discriminated.
The Gladue principle should not be abolished by stating it as a race segregated
criminal justice process as it needs to be understood that the Aboriginals are a backward race
and has been facing numerous social issues and, racial and educational backwardness and
discrimination. Such social issues and racial discrimination makes the Aboriginals backward
socially and educationally which triggers them to indulge into illegal and immoral activities.
Therefore, it is recommended that the Gladue Principle that moulds the sentencing structure

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of the Aboriginals should not be abolished, for it balances the backwardness that is faced by
them in their social lives that instigate them to commit crimes.
References
R v Gladue [1999] 1 S.C.R. 688
R. v Ipeelee 2012 SCC 13, [2012] 1 SCR 433