Mental and Physical Health

There is a connection between Substance Misuse, Health and coming into conflict with the Law. Even though there has been significant improvements over the last 20 years, the overall health status of Indigenous people in Canada is not as high as the general population:

Indigenous people in Canada continue to have:

  • Higher death rates for respiratory, circulatory, gastrointestinal and infectious disease, as well as parasitic infection.
  • Diabetes is one of the most serious chronic conditions.
  • Are much more likely than the general population to die from injuries, poisoning or suicide.

Emotional and Mental health issues has been, and will continue to be shaped by one's experiences, with childhood experiences especially significant. The Courts will need to understand the risk factors that compromise emotional and mental health for that offender.
Gladue Tip: Things to consider reporting to the court

  • Little or no connectivity or attachment to family; feelings of being unsafe, loneliness or isolation
  • Trauma or serious losses, especially early in life
  • Learned helplessness; not feeling in control of life or life situations, helpless to make change
  • Assessed childhood or mental health disorders; ADHD, Fetal Alcohol Disorder, Bipolar
The Courts will need to be informed of concerns regarding the physical health of an offender. Chronic health problems,  physical limitations or disabilities are important considerations for the Courts when imposing a sentence.
Gladue Tip: Other relevant factors to be considered may be  

  • Consider the circumstances of how the offender came to incur the physical health issue; accidental, self-inflicted, caused by another
  • Did the circumstances of the physical trauma create conflict with others within the community, family or peers?
  • Does the health issue prevent the offender from normal daily functioning, impede their ability to comply with court orders or limit their employability
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