I appreciate that. Thank you, Mr. Taylor.
This is the problem. This is a glaring omission in Bill C-16. We know there is a limit. There's an exception that any particular judge—on their own or by the application of the accused with their counsel—who decides that the application of a mandatory minimum penalty would result in cruel and unusual punishment, has the ability to undercut that mandatory minimum penalty. With the exception of murder and treason, you have to impose a jail sentence.
There is nothing in Bill C-16 that creates a threshold for how low a sentencing judge could go. Hypothetically, you'd agree with me that a one-day sentence for the possession of child sexual abuse material in the “most vile ways”, as Mr. Senneville's collection was described, could result in a one-day sentence followed by probation. Bill C-16 would not prevent a particular judge in this country from doing that after this bill receives royal assent. Answer yes or no.