Mr. Speaker, that is an excellent question, one we will probably ask of those who testify before the committee.
I am sticking my neck out a bit, but I will keep an open mind and maybe someone can convince me otherwise. What I am prepared to say is that when I look at the jurisprudence for similar crimes or cases like this, I rarely see sentences that are shorter than the minimum set out in Bill C-35.
The same thing happened with another bill, which was also a private member's bill, about child abduction. I asked a victim who testified before the committee if the fact that the Conservative government's minimum was lower than what the jurisprudence showed for such cases was problematic. In other words, the government wanted the minimum sentence to be four years, but the courts were already handing down sentences of eight, 10 or even 14 years in such cases.
Legislators do not talk for the sake of talking. It is a basic argument used in court. I can easily picture a defence lawyer saying that the judge is being too harsh and that is why the government legislated a lower minimum. The victim found that very unsettling and definitely did not want to see that happen.
It can be good to leave such things to the court's discretion because it knows and applies the principles of Criminal Code sections 716 and on. In many cases, it comes down to information. Members of the public might not like it, but if they had all of the facts of the case, including the aggravating and mitigating factors, they would understand why a particular sentence is given. Of course there can be mistakes, but that, as some judges will tell you, is what appeals are for.