Sentencing considerations as they pertain to indigenous people are very much in keeping with current practice, which has been implemented for years by courts martial. By enshrining these considerations in statute, the current practice of the court martial is very much guided by the 1999 decision in Gladue, from the Supreme Court of Canada. It gives formal recognition to the importance of ensuring that specific considerations pertaining to indigenous people are taken at the sentencing stage.
As with any offender, judges will have to consider the mitigating, aggravating factors that go into sentencing. In the case of indigenous offenders, they will have to take into consideration their specific circumstances.