Madam Speaker, the answer is yes, there have been. There have been a number of cases where the courts deemed differently because of mitigating circumstances such as first time offence, others with no criminal record or a case where it involved the community's best people. These were people who were volunteers in minor hockey programs or in their communities, but they were also involved.
In R v Cioffi the accused was authorizing loans to fictitious people. She was charged with fraud over $5,000. The fraud amounted to more than $4 million and lasted for four years. The scheme was set up by another person who was accused merely of implementing the program that someone else had set up. The aggravating factors in that case, the court found there was a huge abuse of trust. A large number of fraudulent transactions over a long period of time had taken place, so it was not just that she was caught up for a short period of time. The mitigating factors in this case: she never had an extensive criminal record. The accused did not personally benefit because she had set it up for someone else and the accused was also a victim of fraud. She ended up with two years less a day and the stay was granted.
In another case, R v McCarthy, the accused was charged with three counts of fraud over $5,000 related to two loans totalling in excess of $3 million and the ongoing trading of shares. The court found aggravating factors: breach of trust, considerable amount defrauded, significant number of victims. The mitigating factors were: no criminal record, no threat to the community, a record of community involvement. He received a conditional sentence. The $3 million impact to the economy is one thing that we did not really get into, but a $3 million fraud received a conditional sentence of two years less a day followed by a year of probation. The list is long.
One of the differences between governments is that when the former Liberal government tried to make it look like it was toughening up on this type of crime, it extended the maximum sentence. The courts simply did not give very many people the maximum sentence.
The bill says there will be a minimum sentence, a minimum of two years in prison for any fraudulent activity where people are charged and sentenced. Again, the bill also says we will look to restitution. That is what Canadians want. They want to know that there will be a degree of restitution where we can find it. That is what the bill does.