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A Gladue report is a type of pre-sentencing and bail hearing report that a Canadian court can request when considering sentencing an offender of Aboriginal background under Section 718.2(e) of the Criminal Code. Gladue was the first case to challenge section 718.2(e) of the Criminal Code. The process derives its name from "R. v. Gladue", a 1999 Supreme Court of Canada decision.〔(【引用サイトリンク】title=Gladue (Aboriginal Persons) Court )〕 ==Gladue Principle== In Criminal sentencing in Canada, a court is required to take into account all reasonable alternatives to incarcerations, with particular attention to Aboriginal offenders (s. 718.2(e)). This is not an automatic "get-out-of-jail-free card." Rather it requires the court to take into account circumstances facing Aboriginal peoples. Where the crime is relatively minor, the court should consider Aboriginal-based sentencing principles such as restorative justice. This incorporates community members and the victim in determining a fit sentence. However, where the crime is more serious, courts will generally find that the Gladue Principle is inappropriate and consider more traditional sentencing objectives such as protection of the public and deterrence. Subsection 718.2(e) is a guiding principle and not a substantive power. Therefore, the court is not at liberty to impose a sentence outside the range of legally available penalties. For example, if there is a minimum sentence of imprisonment, the court cannot use the Gladue Principle to impose a sentence lower than the minimum. However, courts have considered the Gladue Principle in determining the constitutionality of minimum sentences which are set by the Crown, depending on whether the Crown elects to serve a notice of enhanced penalty under s. 729 or elects to proceed by indictment. In March 2012, the Supreme Court of Canada ruled that the Gladue Principle also applies to breaches of long-term supervision orders. They stated that "failing to take () circumstances into account would violate the fundamental principle of sentencing". This ruling, R. v. Ipeelee, (2012 SCC 13 ), () 1 SCR 433, also reinforced the principles underlying the Gladue Report generally. Ipeelee itself has quickly become extremely influential in sentencing matters concerning aboriginal offenders, having been (cited in over 80 Canadian court cases ) in just 7 months from the time it was issued and is now effectively a companion case to Gladue in this area. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Gladue report」の詳細全文を読む スポンサード リンク
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