Thank you for that comment.
First, I should say that I have not studied mandatory minimums, so it's outside the scope of my research.
I can still respond, in a way. What you're describing is absolutely what happens. Judges are required....
The Gladue framework derived from the Supreme Court of Canada decision that interpreted paragraph 718.2(e) of the Criminal Code, which is the provision that indicates judges must consider alternatives to incarceration, especially for indigenous persons. In that framework, judges are mandated to look to alternatives to incarceration, especially for indigenous persons. The Supreme Court of Canada's Gladue decision contextualized that within the context of the overincarceration of indigenous people specifically, and the need to respond to that. In the case of mandatory minimums and restrictions on CSOs, judges may and do go through that Gladue analysis. There is, however, no alternative except incarceration, because of mandatory minimums and restrictions on CSOs. In that sense, the Gladue analysis, even when performed, can't take effect. If it's not able to meaningfully impact which sanction is ordered, then of course the problem of indigenous overincarceration is perpetuated.