Mr. Chairman, if I may answer the member's question, it's not a constitutional override per se. The Gladue principle is derived from another provision in the Criminal Code. The Supreme Court of Canada enunciated it first in Gladue, and then reiterated more recently in Ipeelee in 2012, what those principles are and what a court has to take into account. Where there's a problem is when you look at sentencing. You'd almost, by analogy if I may, look at it as a conflict of laws of sorts, not on the same scale as the jurisdictional ones, but as it relates to two provisions, and specifically as it relates to the sentencing or other applications of Gladue to aboriginal offenders.
On July 10th, 2014. See this statement in context.