Mr. Speaker, the member referred to a judge's limits regarding ability, freedom and range. I am wondering if the hon. member would want to elaborate further on that.
In both Bill C-9 and Bill C-10, the lower range of sentencing has been limited and discretion has been taken away. Judges have less discretion to impose non-jail type sentences and minimum sentences. It would take away a judge's discretion in the lower ranges of sentencing, but judges would still have all the discretion in the world for the severest of penalties.
I wonder if the hon. member could comment on what seems like an anomalous restricting of a judge's ability and authority at the lower level of sentencing, but allowing judges total authority in the stricter levels of sentencing. Judges are the ones who hear all the evidence. They are trained in sentencing. They are the experts. They can look at all the conditions in the history of a case and then, based on that, are given a full spectrum of sentences. That is the theory in Canada and the modern judicial theory.