I go back to what I was saying a moment ago on the actual intent of this legislation, which as I understand it is to reduce the incidence of impaired driving. Based on the evidence we heard, it was the fear of getting caught rather than penalties that would actually have the deterrent aspect; however, of course, the current mandatory minimums in place are there for a reason and are well understood.
Just to respond to a comment that was made, these provide more than guidance to the courts; these are minimums that the court must enforce. What is guidance to the court is the case law: similar circumstances for similar offenders should attract similar penalties.
The other thing I would say is that with mandatory minimums comes a prohibition on making a conditional sentence order, so that on a first offence a person is required to be put into actual custody rather than have the possibility of serving a sentence in the community on strict conditions. I think this provision therefore makes a too harsh mandatory minimum, in this case, for a first offence, regardless of the tragic circumstances that may occur with regard to somebody's unfortunately suffering bodily harm. I would rather leave it to the discretion of the courts and stick with the same penalties that we have in place now.