Thanks, Mr. Chair. I move government amendment 1.
I will explain briefly what it does. Under the bill, the option for the crown to proceed by way of indictment on the third offence and to avail itself of the mandatory minimum penalty is only available if the first two proceedings have been by way of indictment. A first offence would have to proceed by indictment, with a conviction; a second offence would again be by way of indictment and with a conviction; on the third offence, the crown would have to proceed by way of indictment, and then that would trigger the mandatory minimum penalty.
This government amendment opens up the possibility that the crown could have proceeded either by indictment or by summary conviction on the first and second offences. If someone has twice been convicted by way of summary conviction and the crown then proceeds by way of indictment on a third offence, it would trigger the mandatory minimum penalty.
It opens up flexibility to the crown. Let's say that on the previous two offences, one had gone by way of indictment and the next by summary conviction. If the crown proceeds by way of indictment on the third offence, there is the mandatory minimum penalty. That is the only change this amendment makes.