Thank you, Mr. Chair.
Maybe how this thing got off the rails is that subsection 719(3) as it was didn't have any reasons required. Other parts of the code do. Justices must give reasons for doing certain things.
This bill, in proposed subsection 719(3.2), says, “The court shall give reasons for any credit granted”, and I think Mr. Comartin is right. In time, whatever happens, there'll be jurisprudence set out as to why judges are granting whatever credit they are.
What concerns me is the word “benchmark”. I think we know now that the benchmark might be one. If we go with Mr. Comartin's amendment, it can be no more than two. I'm struck by what Mr. Daubney said as well. I doubt that the judgeometer would automatically go up to two. I think they'll reserve that with their discretion and calibrate what's going on in the institutions, the impact on the individual, and all that sort of thing, somewhere between one and two.
My concern in voting against Mr. Comartin's first amendment is, frankly, that the starting point becomes 1.5 days, if you legislate it. So I'm a little more amenable to the two days, but I'll ask Mr.Comartin if he thinks he has covered everything that's in proposed subclause 719(3.1). That talks about 1.5 days relating to individuals detained, stated under subsection 515(9.1), or detained in custody under subsections 524(4) or 524(8). Is this covered in your proposed subsection 719(3.1)?