As we very well know, Gladue principles have historically been focused more on the sentencing stage. What we now see is a desire for a greater application of these at the bail stage. While we want to think about how important it is.... These provisions are meant to be remedial. They are meant to target, address and understand our long-term colonial practices of overpolicing and overincarcerating indigenous people, and all the harms that flow from that.
However, the Supreme Court has also been quite clear that it's not meant to result in what might be colloquially called a “get out of jail free card”. That is not what is happening here. It requires a close analysis that considers the greater context and historical space of an individual so we can make the most appropriate decision possible. We can see these decisions are just as applicable at the bail stage as they are at the sentencing stage, because we are talking about people's liberty and the harms that come from custodial time, whether that is spent pre trial or post sentence.
I apologize. I think there was a second half to your question that wasn't quite related to Gladue.