Gladue: Understanding Gladue Reports and how they could be a useful tool in Family Law

Presenter:

Jessica Brant – B.A., J.D. is a family law lawyer at Benmor Family Law Group

Abstract:

The Gladue framework, originating from the Supreme Court’s decision in R. v. Gladue (1999), was designed to address the systemic over-incarceration of Indigenous peoples by contextualizing individual circumstances within broader histories of colonialism, residential schools, and intergenerational trauma. While it began in the criminal context, Gladue has since evolved into a broader lens for understanding the impact of systemic factors on Indigenous individuals and families across various legal settings.

In family law, Gladue principles can serve as a powerful tool to understand the historical and cultural realities of a family, rather than viewing challenges in isolation. They allow courts to situate parenting issues within the family’s lived history, acknowledging intergenerational trauma, systemic barriers, and cultural strengths. This approach moves beyond risk-only assessments to a strength-based, trauma-informed, and culturally grounded perspective, aligning closely with the best interests of the child, including their cultural identity and continuity.

Applied effectively, Gladue can inform care planning and after-care by incorporating cultural supports, community involvement, and trauma-informed services into parenting arrangements. This includes engaging Elders, cultural programming, and Indigenous service providers to co-design parenting plans that support family healing and long-term stability. In this way, Gladue becomes not just a procedural requirement, but a reconciliatory framework, helping courts design care plans that honour history, support cultural identity, and build sustainable paths for Indigenous families.

Although, the family courts have not yet incorporated Gladue into their toolbox, the purpose of this presentation is to provide the notion that, in theory, Gladue has a place in family court.

Deadline to register: December 10

Meeting link and materials will be sent a day prior to the event.