S-213An Act to amend the Criminal Code (independence of the judiciary)

What it does

• Gives courts discretion to choose the punishment when a law sets different degrees or kinds of punishment, even if the law says there is a minimum punishment.
• Lets courts refuse a mandatory prohibition order, or change its conditions or length, if the court finds that just and reasonable, and requires reasons on the record.
• Requires courts to look at all other options before imposing a minimum jail term or parole ineligibility period, and to give written reasons for doing so.
• Lets courts delay sentencing so a person found guilty can attend a treatment or counselling program the court considers appropriate, with the person's consent and after considering justice and any victim's interests.
• Requires judges in first and second degree murder cases to ask the jury whether it wants to make a parole recommendation, and says the judge must consider that recommendation.