Section 718.2(e) of the Criminal Code directs that all available sanctions other than imprisonment that are reasonable in the circumstances should be considered, with particular attention to the circumstances of Indigenous offenders.
Courts must take into account the systemic and background factors that may have played a part in bringing the offender before the court, and consider sentencing procedures and sanctions appropriate in the circumstances — an analysis that applies to every Indigenous offender and every offence.
Interpreting section 718.2(e) of the Criminal Code, the Court held that judges must pay particular attention to the circumstances of Indigenous offenders when sentencing, considering their background and alternatives to imprisonment.
The Court reaffirmed and strengthened the Gladue principles, holding that sentencing judges must take judicial notice of the history and circumstances of Indigenous peoples and apply the analysis in every case, including for serious offences.