Environment committee  We looked to other jurisdictions, but in the end we found that, given the different legal systems, the Canadian jurisdictions were the most appropriate for our examples.

Environment committee  There is a substantial amount of commentary pointing out that in general the higher the penalty, the greater the deterrent. There are studies that demonstrate that our current penalties are inadequate. The minimums proposed through Bill C-16 are part of an overall scheme aimed at

Environment committee  Our rationale behind including that clause, wording it the way it's worded, and requiring the reasons to be provided was to ensure that it's not used often or inappropriately.

Environment committee  I should start by pointing out that the minimum penalties in the bill are part of a larger scheme. The bill proposes the minimums and maximums. It is important to point out that the bill adds a purpose clause to each of the statutes. It describes the purpose of sentencing, and in

Environment committee  If the test can be met, the judge can override, but again, there is a specific test there and reasons must be provided by the judge--

Environment committee  It was in order to ensure in exceptional circumstances that the sentence would be proportional. If there were minimums, again, in not the majority of situations, it would result in an unproportional sentence.

Environment committee  Sure. The minimum fines were felt to provide helpful guideposts to the courts for what could constitute an appropriate starting point for determining a fine. It's intended to achieve deterrence and denunciation. Currently, the court-imposed fines, as we expressed previously, are

Environment committee  Again, the minimum sentences would apply in the vast majority of cases. There would have to be present those exceptional situations where the penalty would cause undue hardship in order to--

Environment committee  While the judiciary, I understand, has discretion, the judiciary certainly is bound by what would be set out in a statute if Bill C-16 passes.

Environment committee  The rationale behind including that provision was to ensure that there wouldn't be undue hardship in the allocation of fines. There are certainly situations. Our fine structure specifies different categories--individuals, small corporations, and then others. In each of those cate

Environment committee  My understanding is that there is case law, and the judiciary would make that determination, but the language chosen in the provision was meant to ensure that the loophole--the hurdle--was not an easy one to meet and only would be met in the case of true excessive or undue hardsh

Environment committee  This clause would be relied on in the event that civil action were taken against enforcement staff. It would be the courts that would determine that.

Environment committee  We're not aware of....

Environment committee  We have heard from the Canadian Shipowners Association that they are somewhat concerned with the marine officer liability provisions being proposed, so we are addressing that.

Environment committee  A specific list has been developed, and it's in the statute. They are offences that cause direct harm to the environment, offences that could cause direct harm to the environment, or offences involving an obstruction of authority, such as an obstruction of enforcement officers. A