Amendment NDP-5 deals with lines 5 to 36 on page 22. It's a whole section having to do with minimum punishment of imprisonment for a term of one year for certain offences. We seek to replace that with the following:
and the court shall consider the following factors, in addition to those set out in section 10:
—this refers to aggravating factors—
(i) whether the person committed the offence for the benefit of, at the direction of or in association with a criminal organization, as defined in subsection 467.1 (1) of the Criminal Code,
(ii) whether the person committed the offence in or near a school or on or near school grounds, or
(iii) whether the person committed the offence in a prison, as defined in section 2 of the Criminal Code, or on its grounds;
So it seeks to make the qualifications for mandatory minimums...that the court would take into consideration as aggravating factors, instead of subject to the mandatory minimums.