moved:
Motion No. 4
That Bill C-45, in Clause 2, be amended by replacing lines 11 to 31, on page 9, with the following:
"(3) The jury hearing an application under subsection (1) may determine that the applicant's number of years of imprisonment without eligibility for parole ought to be reduced. The determination to reduce the number of years must be by a vote of not less than ten of twelve members of the jury.
"(4) The applicant's number of years of imprisonment without eligibility for parole is not reduced if a ) the jury hearing an application under subsection (1) determines that the number of years ought not to be reduced; b ) the jury hearing an application under subsection (1) concludes that it cannot determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced; or c ) the presiding judge, after the jury has deliberated for a reasonable period, concludes that the jury is unable to determine by a vote of not less than ten of twelve members of the jury that the number of years ought to be reduced.''