If you will allow me, I would like to add that any measure precluding reasonable or negotiated settlements will necessarily lead to an increase in the number of trials. I think we need to factor that in when making these decisions. Let us say, for instance, that an individual with no prior record stands accused of having committed a serious crime, like one of those that are mentioned here, punishable by a term of 10 years or more. Even if this person meets all of today's criteria which would allow for a conditional sentence, if he is found guilty and has no other option but a jail term, he will be unable to say anything.
To get back to your earlier question, I would say that when Crown attorneys find themselves in that type of situation, because they now have the discretion which the judges used to have, it may be that prosecutors decide the only way to settle a case or ensure a reasonable sentence would be to proceed by summary conviction. But generally, the case would involve an indictable offence.
That leads to the opposite results. Why? Because a strict enforcement of the provision would, in this case, lead to an undesirable outcome for society. The underlying principle when it comes to penalties and sanctions is that we want to punish the person, not the crime. When you limit the options within the system, specifically for judges, this can lead to more trials. The Crown may be forced to find another charge which could apply in the circumstances, to avoid a situation which would be undesirable all around.