I will let you determine that, but rest assured that it would be much appreciated; in essence, that is what we are seeking here.
Mr. Battista, I fully understand your position on minimum sentences; everyone knows I share that view. However, in looking at the federal Justice Department's documents, I realize that the department had done a study on mandatory sentences in common law countries. I then discovered a type of mandatory sentence I had not been aware of. Again, unfortunately, the terminology is not specific enough.
Regardless, there are two types of mandatory sentences. The types of minimum sentences we have in Canada do not give the judge any discretion, he must impose them upon finding the accused guilty of an offence. In some cases the sentence is mandatory rather than minimum. In that case, the judges may choose not to impose a mandatory sentence in exceptional cases, but they must provide written justification, in some countries. In other countries, the justification must be written into the case file or provided before an open court, as is the case in Scotland.
In our society, there is a wide range of opinions. Do you not think it would be a form of compromise for the Bar to agree to this second type of mandatory sentence?