Environment committee  The full suite of court-ordered powers that are proposed include the ability for the judiciary to order, in addition to a fine, funds to community organizations connected to and in the geographic area of where the offence took place. That particular creative sentencing tool exi

Environment committee  If the order was not carried out, there would be a court procedure to ensure that the amount of money was remitted to the university. So it would be the federal prosecutor who would have to get involved at that point in time, not the university.

Environment committee  Your question has a complicated answer, in that it's inconsistent across the statutes. We compiled the comprehensive list in the overview we distributed on the first day of consideration of Bill C-16. It's on page 23 of that document. We can pass that page around in both language

Environment committee  It's a list of the suite of creative sentencing tools. I can go down that list, but I could also hand it out as well.

Environment committee  It's consistent with the proposals between Bill 16...and the government motions would then ensure consistency of all nine statutes and that they reflect this list.

Environment committee  We did have extensive discussions with federal prosecutors and they did see our proposals. I don't recall a specific example where this particular provision was used, but I believe we were given some. I simply don't remember the details. And there were no issues raised; the prose

Environment committee  I can add, Mr. Chair, that I guess the discretion is with the judiciary. The judiciary bases decisions on material presented at the time of sentencing by prosecutors and the defence. In addition to the text of that actual order clause, that clause falls under the chapeau of the

Environment committee  Studies must relate to the environment.

Environment committee  I'm aware of three, although it said “environmental studies” as opposed to this broader wording.

Environment committee  There are two or three, but I'm verifying that.

Environment committee  Three already do, and there are proposals to ensure that all nine being amended by Bill C-16 contain this provision.

Environment committee  That's right.

Environment committee  This is a discretionary power, so it would be very case specific. In addition to this order power, the judiciary would have a suite of creative sentencing tools. It would be at the judge's discretion.

Environment committee  I would have to find an example of that for you. I don't know that off the top of my head.

Environment committee  That term will be left for the judiciary to interpret. Given that environmental studies is an actual academic field, it was felt that it was best to broaden the language to allow additional consideration by the judiciary.