Yes, thank you for the question.
As we mentioned, a number of hybrid offences carry with them, if prosecuted by indictment, sentences of over ten years. So what happens now is the crown elects whether they'll proceed summarily or by indictment.
If Bill C-9 were to be passed, the crown could decide, on a hybrid offence, to proceed by indictment. Because the maximum sentence, if proceeded on by indictment, is over ten years, any possibility of a conditional sentence would be removed, even though the crown may be seeking a relatively short jail sentence. So that is our concern: that it gives crown discretion.
I want to be clear that we have a very good relationship with the crown's office in Toronto, and we're not suggesting that there is a widespread design on the part of crowns, but at the same time, it allows crowns, in this case, to make the decision as to whether or not a conditional sentence will be available to an offender at the outset, simply by saying they're proceeding by indictment.