Bill Detail
An Act to amend the Criminal Code (independence of the judiciary)
This enactment amends the Criminal Code to give a court the discretion to vary the punishment to be imposed in respect of an offence for which the punishment — or different degrees or kinds of punishment — is prescribed in an enactment.
It requires a court to consider all available options before imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of any Act of Parliament, and to provide written reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility.
It gives a court discretion in the treatment or counselling program that a person who has been found guilty of an offence may attend and removes the requirement for the Attorney General to give their consent in order to delay sentencing under subsection 720(2) of the Criminal Code.
It provides that a judge is to take into consideration the recommendation of the jury in setting the period of parole ineligibility for a person who has been found guilty of first or second degree murder.
This bill proposes changes to the Criminal Code that would give judges more flexibility when sentencing. Currently, some laws require judges to impose a minimum prison sentence or a minimum period before someone can apply for parole. This bill would allow judges to consider alternatives to these minimums if they believe a different sentence is more just and appropriate for the specific case. Judges would be required to explain in writing why they chose to impose a minimum sentence.