Bill C-388
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2nd Session, 40th Parliament,
57-58 Elizabeth II, 2009
house of commons of canada
BILL C-388
An Act to amend the Criminal Code (judicial discretion)
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. Section 718.3 of the Criminal Code is amended by adding the following after subsection (2):
Less than minimum punishment
(2.1) Notwithstanding any other provision of this Act, where an enactment prescribes a minimum punishment in respect of an offence, the punishment to be imposed shall be equal to or greater than the minimum punishment, unless the court that sentences the accused is satisfied that exceptional circumstances warrant the imposition of a punishment that is less than the prescribed minimum punishment.
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