Senator Pate: Perhaps you could point me to where, exactly, that provision is. I know you read out part of a decision, but that was regarding one mandatory minimum penalty saying the judges did not have to apply it. One of the challenges is there have now been at least 43 court decisions striking down mandatory minimum provisions. We now have a patchwork across the country of where the law applies, and where it doesn’t. In fact, there is no ruling that says judges do not have to not impose mandatory minimum penalties, hence the reason for Senator Jaffer’s bill. Would you not agree?

[Translation]

Senator Boisvenu: I will make a comment. Go back and look at my speech, more specifically the case I quoted, the Supreme Court ruling that allows a judge not to apply the minimum sentence provided the judge can justify his decision.