Households and accused persons
- Judges can sentence below mandatory minimums if they find it just and reasonable. Judges must first consider all other options and explain in writing if they still impose the minimum (Clause 1).
- If a law requires a prohibition order (for example, certain automatic bans), a judge may decide not to impose it or may change its conditions or length, with reasons (Clause 1).
- You may ask the court to delay sentencing so you can attend a court‑supervised treatment or counselling program. You, not the Attorney General, must consent. The court must consider victim interests (Clause 2).
- In murder cases, the jury’s recommendation on parole ineligibility will be sought and considered. The judge may replace the default 25‑year (first degree) or 10‑year (second degree) period with another period, after considering the jury’s view (Clause 4).
Judges, prosecutors, and defence counsel
- Judges gain discretion to depart from statutory minimums and mandatory prohibition orders, with a duty to record reasons (Clause 1).
- Written‑reasons requirement applies when imposing a minimum punishment or a parole ineligibility period as set by statute (Clause 1).
- Court‑approved treatment or counselling programs no longer require Attorney General consent or provincial program approval; suitability is for the court to decide (Clause 2).
- Judges must poll juries for recommendations on parole ineligibility in first- and second-degree murder cases and consider those recommendations (Clause 4).
Program providers and community services
- Courts may refer people to treatment or counselling programs they deem appropriate, not only provincially approved programs. This could broaden referrals to community‑based services under court supervision (Clause 2).