The best example to provide is the mandatory minimum penalty of one year that was recently struck down by the Supreme Court in the Senneville case in October of last year. In that case, the court held that the mandatory minimum penalty was unconstitutional and could not apply. It did not apply. It struck it down across the country.
By enacting the structured judicial discretion in Bill C-16, that MMP, because it remains in the statute books, would be reanimated. It would apply again going forward, but offenders who are charged would be evaluated under the judicial discretion clause.
The MMP would apply, and it's expected to apply in the vast majority of cases.
