R v Gladue is a decision of the Supreme Court of Canada on the sentencing principles that are outlined under s. 718.2(e) of the Criminal Code.

As part of that review, the package included amendments that responded to the over-representation of Indigenous peoples in the correctional systems of Canada.

[3] Gladue was originally charged with second degree murder, but pled guilty to manslaughter, with the consent of the Crown prosecutor, on the basis that there was evidence of provocation.

However, the sentencing judge did not take into account any factors specifically relating to Gladue's Indigenous background.

Justices Cory and Iacobucci held that the courts below erred in taking an overly narrow approach of s. 718.2(e).

The purpose of this provision is to address the historical and current problem with the severe over-representation of Indigenous people within the criminal justice system.

The Court held that s. 718.2(e) applies to "all aboriginal persons wherever they reside, whether on- or off-reserve, in a large city or a rural area".