Mr. Speaker, I thank the member for asking me a question, and I am going to answer it now.
What would I do? We are talking about mandatory minimum sentences and a judge's inclination to conjure up hypothetical fact situations. I was reading section 63 of the proposed act, which would introduce proposed section 718.4 to the Criminal Code. It says that courts may steer around a minimum sentence if the minimum punishment would “amount to cruel and unusual punishment for that offender.”
I was optimistic and thinking that “for that offender” would rule out hypotheticals. Is that what that section means, just for clarification?