Expanding the Reach of Gladue: Exploring the Use of Gladue Reports in Child Protection

Abstract

This paper explores the potential of the legislature or courts using Gladue-like reports in British Columbia's child protection laws and policies. It first lays out the current provincial legal frameworks and illustrates its shortcomings by comparing them with Indigenous legal orders; to argue that the Indigenous communities should control their child protection systems. Drawing parallels between sentencing and child protection cases, this paper explores a proposed restructuring of the child protection system focusing on the potential of implementing Gladue-like reports. The paper finds that this restructuring would have lasting and positive impacts on Indigenous children, their families, and communities. It identifies avenues for legal reform that would mandate Gladue-like reports in child protection.