Thank you for that context and question. I'll say just a few things that popped to mind while you were speaking.
First, the Truth and Reconciliation Commission's call to action 32 that I mentioned earlier directs the federal government to amend the Criminal Code to allow judges to depart from both mandatory minimum sentences and restrictions on CSOs, with reasons. I think that would be a really valuable balance among some of the elements that you're describing, in the sense that it does place a lot of trust in judges. There can be public education associated with that in terms of helping to instill trust in judges in the broader community as well. With regard to that Truth and Reconciliation Commission call to action to expand the ambit of judicial discretion in cases where judges choose to apply it with reasons, the provision of reasons there would allow judges to engage with some of the issues that you're describing.
In specific reference to indigenous overincarceration, which is my primary concern in attending here today, there is one case in my work in which the judge noted that with regard to the method of analysis that was mandated by the Supreme Court of Canada in the Gladue decision and the sentencing framework that applies to the sentencing of indigenous people, performing that sentencing analysis will only have real meaning if in appropriate cases I, the judge, choose not to send someone to jail for a serious crime. Therefore—