The Gladue Gap: Indigenous Over-Incarceration in Canada
April 28, 2026
FEDERAL INMATES
32%
Share who are Indigenous, vs. 5% of general population
OVER-REPRESENTATION RATIO
6.4×
Indigenous people incarcerated at 6.4x their population share
GLADUE ESTABLISHED
1999
R. v. Gladue, Supreme Court of Canada
TRC CALLS TO ACTION
94
Issued in 2015; Call #32 addresses Gladue explicitly
Population Share vs. Incarceration Share by Group
Hover bars for details. Federal custody data from Correctional Service Canada (2023).
Indigenous Share of Federal Inmate Population (2000–2023)
Source: Correctional Service Canada Annual Reports; Statistics Canada Census 2021.
Data: Correctional Service Canada · Statistics Canada · Supreme Court of Canada · Truth and Reconciliation Commission of Canada
Data sources
Indigenous people in federal custody — annual statistics· Correctional Service CanadaR. v. Gladue [1999] 1 SCR 688 — full decision· Supreme Court of CanadaR. v. Ipeelee [2012] 1 SCR 433 — full decision· Supreme Court of CanadaTruth and Reconciliation Commission — Calls to Action (2015)· Truth and Reconciliation Commission of CanadaIndigenous people in the criminal justice system — overview· Statistics CanadaBill C-5: An Act to amend the Criminal Code and the Controlled Drugs and Substances Act· Parliament of CanadaGladue Principles — Department of Justice overview· Department of Justice Canada