Bill C-413 (Historical)
An Act to amend the Criminal Code (judicial discretion)
This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.
Joe Comartin NDP
Introduced as a private member’s bill. (These don’t often become law.)
Introduced, as of April 3, 2012
(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.
April 3rd, 2012 / 10:10 a.m.
Joe Comartin Windsor—Tecumseh, ON
moved for leave to introduce Bill C-413, An Act to amend the Criminal Code (judicial discretion).
Madam Speaker, this is a fairly straightforward bill to amend the Criminal Code. It is a provision that first appeared in the English criminal justice system.
Given the role that the government has played in increasingly dumping more mandatory minimums on to our judicial system, it is a way of moving back to what should be the case in this country, which is allowing each conviction and sentencing to be dealt with on the facts before the court at the time. What England did was to give to its judiciary the discretion to override mandatory minimums in appropriate cases, and that is what this private member's bill would do.
(Motions deemed adopted, bill read the first time and printed)