In terms of the Gladue decision, which says that the judges should take account of the situation of an aboriginal defendant in sentencing, and so on, the courts will still be able to do that, except when the minimum sentence kicks in. We've seen courts strike down minimum sentences. With respect to arguably more serious crimes such as owning an unregistered firearm, the court has struck down minimum sentences. I'm not a lawyer and I'm not an expert, but I'm just wondering if it's possible that the court will strike down this minimum sentence.
As I understand it also, you obviously want to put an end to this contraband system, but you don't want to penalize young aboriginals who will then go to jail and, as you say, come back and become a problem for the community because of all they've learned in jail.
If there was not a minimum sentence, would you feel comfortable with the bill? The judge could take account of the situation of the aboriginal offenders and not give them a minimum sentence, but steer them in the direction of restorative justice. If we're talking about a hardened Hells Angel, or whatever, the judge could come down a little harder. Would you be comfortable with the legislation if it didn't have the minimum sentence after the first infraction?