Nunavut’s Gladue dilemma – CBA National Magazine

May 14, 2026

How do trial judges find a balance between reducing over-incarceration and addressing gender-based violence when the victim and offender are both Indigenous and equally affected by Gladue factors?

It’s been 27 years since the Supreme Court of Canada’s landmark decision in Gladue required judges to consider the unique, systemic, and historical background of Indigenous offenders during sentencing.

The decision was intended to address the over-incarceration of Indigenous Peoples in Canada’s prisons.