Mr. Speaker, there are really two parts to the question asked by my colleague, the member for Yukon.
In terms of the judicial discretion, it limits the judge's discretion, and I recognize that. What it does accomplish is it is part of the message we are trying to send to the country as a whole, to law-abiding citizens who are frustrated at times when they see sentences they believe are too lenient. We know that happens. Judges are not perfect. I am a very strong proponent, as I think most members of the know, of our judiciary.
I think there is no better judiciary in the world than ours. There may be some that are as good, but there are none that are better. However, judges are not divine. They are human and they make mistakes from time to time. We are saying to them that when the crime is of a certain nature, this is the minimum they have to give.
It does not do anything for discretion except to limit it somewhat, but it does make the sentences more consistent across the country. We get some variation across the country, so to some degree it tightens that up in terms of what it does with regard to the lower end and not having any increases at the other end.
The vast majority of these crimes, if we try to add mandatory minimums at the top end, I believe those would be struck down by our courts, under the charter, as being cruel and unusual punishment. With respect to any attempt to add mandatory minimums at the top end beyond the seven years, I think the Supreme Court and other courts of appeal have made it clear that the seven years is the maximum they are prepared to tolerate under the charter with regard to these types of crimes.
At the lower end, I agree. This is a valid criticism of the legislation. We are probably sacrificing a few people who judges might, because of extenuating circumstances, give lower penalties than the mandatory of five years. Of course, the mandatory for these in just about every case where it is now four at the present time will go to five. It will not be a big difference.
There are cases of extenuating circumstances. I always think of a story I was told as I was lobbied by some groups that were opposed to the mandatory minimums. It was about an individual who had suffered a severe head injury as the result of a trauma in a motor vehicle accident. He was married, had children and was living a pretty normal middle class life by Canadian standards. There was a complete change in his personality. His intelligence level was lowered dramatically. He came under the influence of his brother who was a long-time criminal and was involved in a serious robbery involving guns.
If one takes that kind of fact situation, one would think he would get five years. What one hopes for, and what in fact happened in that case, is a negotiated deal where the charges are reduced on the basis of what the crown says. The fall back is that if the issue is to be dealt with, to a great extent it will be our crowns who will have to deal with it.