Justice committee  Actually, no, it doesn't. At least, I don't believe it does. The motion BQ-8 applies to both the drug treatment court program and the treatment program under subsection 720(2) of the Criminal Code. So it goes beyond what the previous amendment would do.

Justice committee  Well, section 720 allows for the court to refer an offender to a treatment program of some sort. It doesn't have to be a drug treatment program; it could be any type of program. But it does not take away the obligation of the court to impose a minimum penalty, even if the individual successfully completes the program.

Justice committee  Yes.

Justice committee  Yes.

Justice committee  If I can just point this out, the individuals who would go to a 720 treatment program would be individuals who are not eligible for the drug treatment court program. So individuals under the 720 approach would be individuals who possibly used a weapon to commit the offence or may have used violence to commit the offence.

Justice committee  This amendment would do that, yes.

Justice committee  I'm sorry, then perhaps I misunderstood.

Justice committee  I would love to make you happy, but I would not be the one responsible.

Justice committee  Mr. Ménard, that is the way the program is structured at the present time. If you want us to reorganize it entirely--

Justice committee  It would be in there because admissibility criteria are managed by the prosecutors. If the admissibility criteria are not met, a prosecutor would not consent to an individual going into the drug treatment court program. Someone has to make a decision as to when an individual is admitted into the drug treatment court program, and that is made by the prosecution.

Justice committee  I believe that, initially, it is the Crown prosecutor who determines whether the person is eligible or not for a drug addiction treatment program. Once that person has been admitted to a program and appears before the court, it is the court—you are right about that—which decides whether or not the individual has met the objectives of the program.

Justice committee  We wanted to codify the practice, Ms. Jennings.

Justice committee  I don't believe it actually changes much of anything, in a sense. The limiting factors that are listed here are already the types of factors that are taken into account when the drug treatment courts look at admitting an individual. An individual has to have been found guilty and then must meet a number of criteria.

Justice committee  Well, as perhaps you're aware, I think there are only six drug treatment courts in the country, and those are being evaluated. Some regions of the country have expressed an interest in opening up a court. I guess that's being looked at. In the end, I guess the admission criteria will always be there.

Justice committee  One of the problems we've had in the last few years, and in fact in the last several years, has been a tremendous increase in the phenomenon of indoor grow operations. Typically what happens is that rather than using one's own property, one will rent a property, thereby saving one's own money, and essentially will turn someone else's apartment or house into a grow operation.