It provided bail jurists, Crowns and defence lawyers with language that was missing from our judicial interim release provisions: for example, the principle of restraint, bringing in considerations for vulnerable populations, including indigenous populations. That was something that was missing from our bail provisions. It provided the necessary language. It provided that vocabulary.
We know the Supreme Court of Canada has said that whenever indigenous liberty is at issue, the Gladue principle will always apply. Unfortunately, there was no jurisprudential guidance around whether or not anti-Blackness or the plights of Black Canadians should form the basis or at least be taken into consideration at the bail stage. Section 493.2 gave that language, that vocabulary.