Gladue applied to bail

R v. Brant, [2008] O.J. No. 5375 (SCJ):‪

21     What the principles in Gladue do alter is the method of analysis which the justice must use in determining whether detention is justified. Specifically, the Court must look at whether the sureties offered, in the context of the Aboriginal culture, can control the accused's behaviour. The Court must also look at whether detention of the Aboriginal accused has a disproportionately negative impact on that accused, and whether that impact could be alleviated by strict bail conditions. Finally, the Court must look at whether Aboriginal law and customs provide the assurances of attendance in court and protection of the public that are required for release. Each case will be dependant on its specific facts, but a broader analysis is required where the accused is an Aboriginal.