Now you are touching on my third point.
In the Canadian Bar Association's brief, they deal with sentencing and the discretionary power of the courts. They say that mandatory minimum sentences are unfortunately more and more frequent in the Criminal Code. When judges are dealing with people with fetal alcohol disorders or other neurological or psychological conditions, this takes away the judge's discretion and makes victims out of the people who have to be put into prison, resulting in even more injustice.
In the document, they call for an exemption to section 718 of the Criminal Code “to avoid the mandatory minimum if an injustice would result”, especially for those with FASD or other mental health issues.
What do you think of that proposal?