An Act to amend the Criminal Code (judicial discretion)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.


Joe Comartin  NDP

Introduced as a private member’s bill. (These don’t often become law.)


Not active, as of March 13, 2008
(This bill did not become law.)


This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Criminal Code to allow the court, in exceptional circumstances, to impose a punishment that is less than the prescribed minimum punishment.


All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

Criminal CodeRoutine Proceedings

March 13th, 2008 / 10:05 a.m.
See context


Joe Comartin NDP Windsor—Tecumseh, ON

moved for leave to introduce Bill C-528, An Act to amend the Criminal Code (judicial discretion).

Mr. Speaker, this is a relatively simple and straightforward bill. It would have the effect of reintroducing judicial discretion into the Criminal Code no matter what other clauses there may be in the code with regard to mandatory minimums.

The clause, no creativity here on my part, is very similar to the clause that is in the system in England. It has worked extremely well for those in England where the legislature determines what mandatory minimums should be, but in those extreme, unusual, human conditions where there needs to be some flexibility, it allows that to the judiciary.

(Motions deemed adopted, bill read the first time and printed)