Sentencing of Indigenous offenders is governed by s 718.2(e) of the Criminal Code and the common law principles known as the Gladue principles. This course will examine the relevant legislation and case law and help guide you through the sentencing process.
Acknowledgements
This course is being developed with a Judicial Planning Committee comprised of the following judges. We are thankful for their generosity of time and contributions:
- The Honourable Justice Ken Champagne, Court of King's Bench of Manitoba
- The Honourable Judge Kael McKenzie, Provincial Court of Manitoba
- The Honourable Justice Stacy Ryan, Supreme Court of Newfoundland and Labrador
- The Honourable Chief Justice Shannon Smallwood, Supreme Court of the Northwest Territories
- The Honourable Judge Karen Whonnock, Provincial Court of British Columbia
- The Honourable Marion Buller, Chancellor, University of Victoria
- The Honourable Leonard S. (Tony) Mandamin, Retired, Federal Court - Trial Division
We acknowledge the financial support of the Department of Justice Canada.
Open access photo taken by Melissa Knapp under contract to the National Centre for Truth and Reconciliation Archives (NCTR), Photograph (Quebec National Event): PHQNE_01309, Truth and Reconciliation Commission of Canada, April 25, 2013.
The content of this course was last updated in September 2024.
Disclaimer
The chapters presented on this page were developed prior to the enactment of Bill C-16 (assented to June 18, 2026). This legislation makes substantial amendments to the Criminal Code regimes governing alternative measures and restorative justice processes, adding a new Part XXII.2. This legislation also amended the Canadian Victims Bill of Rights to discuss restorative justice processes. The new provisions apply to any offence in respect of which a charge is laid on or after July 18, 2026. Accordingly, in any case in which a charge is laid on or after July 18, 2026, users should rely exclusively on the new provisions of the Criminal Code, in particular sections 715.44 to 715.6. The materials on this page are currently under review in light of these legislative changes.
