Erika Sherk- Certified Gladue Writer

Do you need a Gladue Report?

Didelk Gladue Services is dedicated to providing high-quality Gladue reports to support fair and culturally sensitive court sentencing. My expertise ensures that Indigenous individuals are accurately represented, contributing to equitable outcomes in the justice system.

You, your lawyer or advocate can contact me now for availability.

In 1996, the Parliament of Canada included a new section in the Criminal Code: section 718.2(e) A court that imposes a sentence shall also take into consideration the following principles: (e) all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders.

Gladue reports have been described as instrumental in presenting a comprehensive view of Indigenous individuals in court, ensuring fair treatment and understanding of their circumstances.

In 1997, case law was established in

R vs. J. Gladue. During sentencing the decision gave meaning for the courts to give ''particular attention to the circumstances of Aboriginal offenders.''

Legal professionals and advocates have acknowledged the significance of Gladue writing services in contributing to informed and just sentencing outcomes.

Since 1999, a court that orders a sentence for an Indigenous person has to follow both section 718.2(e) and what the Gladue decision says.

If you are facing loss of your liberty in Canada you have a right to submit a Gladue report for a Judge to factor into a sentencing decision.

What is a Gladue Report?

A Gladue report is a written life story to help a adjudicating body make an informed decision for a ''fit and proportionate sentence'' of a Indigenous person. The document has information about a person's unique circumstances that include Gladue principles and factors that may have negatively affected that person who is before the courts.

What are Gladue principles and factors?

This may include poverty, isolation, forced relocation, violence, abuse, racism, discrimination, foster care, adoption, mental and physical health issues, historical trauma, disconnection from family, culture and community, instability, involvement with the criminal justice system, effects of residential school, substance and alcohol misuse, lack of social support, and loss of autonomy.

Who can get one?

Any person that identifies as Indigenous. Meaning status or non-status individuals. However non-status people need to provide details of how and why they identify as Indigenous as defined under the Canadian Indian Act, Indian, Inuit, and Metis peoples of Canada.

When can a report be used?

A Gladue report can be used at any of the following Provincial or Federal court stages including; appeals, bail hearings, sentence hearings, resolution discussions, parole board hearings, security transfer hearings, mental health review boards, dangerous and long term offenders' assignments and hearings.

How long does it take?

Depending on the amount of work load on the writer and if all the verbal interviews are completed in a timely manner. The report can be written in 3-6 weeks. All reports will be prioritized from date of hire.

What is the process?

You, your lawyer or advocate can contact me. I will set a first meeting and go over required information and forms, then a verbal interview will be scheduled by phone, zoom, or in-person. Other interviews from key people such as family/community members will then take place. A report will be completed with all the necessary information with suitable and cultural alternative and/or restorative measure sentencing recommendations with a First Nation perspective. The completed report will be provided to your lawyer or advocate.

Do I have to have one?

No, a person can waive their right to put forward a Gladue report. However, a Judge cannot make assumptions with Gladue principles and factors that may have affected a person's life path. Sentencing is an individualized process and it is best to have a full report from a certified Gladue writer. Some Judges accept a pre-sentence report with a Gladue component, given the complex details that need to be conveyed, a short paragraph does not provide a full understanding.

Can you write outside of BC?

YES! anywhere in Canada.

Any further questions please contact by email.

Appearances

My promise to you...

Your sacred story will be treated with compassion, non-judgmental, and willingness to listen in order to provide a full and true Gladue report.

Your information will be kept strictly confidential and destroyed once the original report has been forwarded. A electronic copy of the report will be kept on file for 6 years.

I cannot give legal or mental health advice, if you require further assistance please feel free to ask me for local, Provincial and Federal services that may be available to you.