Thank you, Mr. Harris.
I just want to reinforce the point that Mr. Harris made. In my opinion, the amendment we are proposing will just make this clause a little clearer for those called upon to impose sentences. As everyone who has talked to people involved in criminal trials knows, the most difficult aspect is often the sentencing. So it makes sense to provide the courts with good tools, fully accepting the fact that it is there that cases will be heard and it is there that the facts will have to be established and the situations analyzed in their entirety.
The idea is clearly stated in the case of a sentence of less than two years. So it would read: “if exceptional circumstances exist relating to the offence or to the offender that justify service of the sentence in the community or if”. Mr. Harris has pointed out clearly that we are not removing in any way the conditions that the government is proposing to add to section 742.1 of the Criminal Code, because paragraphs a to f remain unchanged. It simply clarifies a condition that will perhaps make sentencing a little easier for judges.
The judiciary tells us, not without good reason, that, as legislators, we often put a lot on their plates. It is not easy to find the right balance. A sentence must clearly be a punishment for a person at the same time as it must make sure that it is possible for the person to be rehabilitated.
I think this gives a good balance. It is just a clarification. It does not change or get rid of the system. This amendment will just clarify what the government had in mind with its Bill C-10.