It's ruled out of order. So how far do we carry the discussion?
The point that I think you bring up is stated in proposed subsection (2) of amendment L-1, where it leaves the court to be satisfied in these particular instances, in the interests of justice, and to look at exceptional circumstances. The other one is paragraph 2(d) on the next page: “the expression of society's denunciation should take precedence over any other sentencing objectives”. So who is to decide? The court.