If the legislation says that for any offence that's punishable by ten years or more the judge no longer has the discretion to apply a conditional sentence, for example, in some cases, then the prosecutor ultimately has that decision, because if the prosecutor before charging says this person shouldn't go to jail but should get a conditional sentence, then they'll prosecute by way of summary conviction. So the decision is being made there, and not by the judge.
On October 17th, 2006. See this statement in context.