Madam Speaker, one question I have not heard an answer to is regarding the amendment the committee made once the bill passed at second reading. The amendment was to section 745.51(2). Initially, it stated that the judge shall give, either orally or in writing, reasons for the decision not to make an order under subsection (1)
It has been amended to read, “The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1)“. In my view, this change is helpful because it highlights the need for judicial discretion and the need for the public to understand the character of the judicial discretion that is being used in applying the law.
Is the member aware of other concerns the committee may have made in that same regard? This issue of judicial discretion has been downplayed, ignored or suppressed by the government many times before. This seems to be a move toward acknowledging the importance of judicial discretion sentencing.
I hope the member has some comments.