Generally counsel must request a “Gladue report”

R. v. Oakoak, 2011 NUCA 4, a recent decision of the Nunavut Court of Appeal, emphasizes that counsel have a duty to ensure that all sentencing information is before the Court. If a presentence report is needed it should be requested. The Court notes:

[21]  The Supreme Court of Canada made it clear that section 718.2(e) places a positive duty on counsel to provide adequate information to the sentencing Court to enable it to carry out the required analysis when sentencing an aboriginal offender.  If counsel fail to provide this information, the sentencing judge may of his or her own motion order the preparation of a report to ensure that this information is gathered and presented; and if counsel and the sentencing judge do not, the appellate court may have to, as the Ontario Court of Appeal did in Kakekagamik.