Madam Speaker, the distinction here would be, theoretically, that if a prosecutor chooses to charge somebody under a summary offence as opposed to an indictable one, the maximum sentence that could be levied by a judge would be far less. First of all, we would need to look at the decision of the prosecutor in that case. We would have to hope that the prosecutor would make the right decision based on the circumstances. The judge would then also have to do the same.
One of the things we will need to look at in committee is whether there are any sentences currently on the list to be hybridized that would shock the conscience of Canadians were they to be hybridized and no longer have that longer potential penalty, and to remove the discretion of a prosecutor to suggest a lower sentence. As my hon. colleague knows, I would note that in either case a judge could choose to give no sentence at all, even under an indictable offence.