Judges currently have discretionary power with respect to mandatory minimum sentences, which are already part of the Criminal Code. For a first conviction, the penalty is a $1,000 fine. The sentence is 30 days of imprisonment for a second conviction and 120 days for a third conviction. In the case of a summary conviction, the prison sentence can be up to 18 months, and up to five years if the prosecution proceeds by indictment.
If the bill were passed, added to those first three sentences on summary conviction would be a fourth penalty consisting of one year of imprisonment. Maximum sentences would be increased practically throughout the legislation. That should not lead to any issues in terms of the charter because judges' discretionary powers would not be limited. Those powers may actually be slightly increased.
I don't know what MADD said about the possibility of judges refusing to convict someone if they feel that the mandatory minimum sentence is too high.
A clause of the bill empowers a judge—if no bodily harm or death was caused—to delay the sentencing to allow the offender to attend a treatment program to resolve their substance abuse problem. If the individual manages to resolve their problem, the judge would not be required to impose a mandatory minimum sentence. The Criminal Code currently contains a similar provision, but it is not in force in British Columbia, Ontario, Quebec or Newfoundland and Labrador. So the bill would extend this idea to the entire country.