Special considerations for sentencing aboriginal accused applies regardless of the seriousness of the offence

R. v. McKay, 2010 ONCA 323 makes clear that Gladue factors are to be considered regardless of how serious the offence is:

[4] We agree that the trial judge's statement that the more serious the offence, the less applicable are the Gladue considerations is not an accurate reflection of the law: see R. v. Wells, [2000] 1 S.C.R. 207. However, we are satisfied that, at the end of the day, the trial judge applied Gladue correctly and that he did take the Gladue factors into account.