There are two things I would say in response to that. Currently, without an escape clause, what is happening, as the minister indicated, is that courts are striking the MMP down so they apply in no situations. The proposed approach in Bill C-16 is adding the structured judicial discretion clause to restore the mandatory minimum penalties that have been struck down so they apply to the majority of offenders, except in those very narrow cases for which it may be grossly disproportionate for that offender.
