R.S., c. C-46 Criminal Code 1 Subsections 718.3(1) and (2) of the  Criminal Code  are replaced by the following: Degrees of punishment 718.3 (1) If  an enactment prescribes different degrees or kinds of punishment  for  an offence, the punishment to be imposed is,  despite  the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence. Discretion respecting punishment (2) If  an enactment prescribes a punishment  for  an  offence , the punishment to be imposed is,  despite  the limitations prescribed in the enactment,  including a  punishment declared to be a minimum punishment, in the discretion of the court that convicts a person who commits the offence. Criminal Code Clause 1 : Text of subsections 718.3(1) and (2): 718.3 (1) Where an enactment prescribes different degrees or kinds of punishment in respect of an offence, the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the  offence . (2) Where an enactment prescribes a punishment in respect of an  offence , the punishment to be imposed is, subject to the limitations prescribed in the enactment, in the discretion of the court that convicts a person who commits the offence, but no punishment is a minimum punishment unless it is declared to be a minimum punishment. 2 The Act is amended by adding the following  after  section 718.3: Minimum punishment or parole ineligibility 718.4 (1) A court must, before imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of this Act or any other Act of Parliament, (a) consider all available options, other than the minimum punishment of imprisonment or period of parole ineligibility; and (b) determine that there is no alternative to the minimum punishment of imprisonment or period of parole ineligibility that is just and reasonable. Written reasons (2) The court must provide written reasons for imposing a minimum punishment of imprisonment or period of parole ineligibility under a provision of this Act or any other Act of Parliament.  Clause 2 : New. 3 Subsection 720(2) of the Act is replaced by the following: Court-supervised programs (2) The court may, with the consent of the  person who has been found guilty  and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the  person who has been found guilty  to  attend , under the supervision of the court, a treatment or counselling program  that the court considers appropriate in the circumstances . Clause 3 : Text of subsection 720(2): (2) The court may, with the consent of the Attorney General and the offender and after considering the interests of justice and of any victim of the offence, delay sentencing to enable the offender to attend a treatment program approved by the province under the supervision of the court, such as an addiction treatment program or a domestic violence counselling program. 4 Section 745.2 Act is replaced by the following: Recommendation by jury 745.2 Subject to section 745.3,  if  a jury finds an accused guilty of  first degree murder or  second degree murder, the judge presiding at the trial  must , before discharging the jury, put to them the following question: You have found the accused guilty of  first degree murder (or  second degree murder )  and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the  accused  must serve before the accused is eligible for release on  parole ? You are not required to make any recommendation ,  but if you do, your recommendation will be considered by me when I am determining whether I should substitute  for the 25-year period (or  for the  10 -year period ) , which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole,  another period of time . Clause 4 : Text of section 745.2: 745.2 Subject to section 745.3, where a jury finds an accused guilty of second degree murder, the judge presiding at the trial shall, before discharging the jury, put to them the following question: You have found the accused guilty of second degree murder and the law requires that I now pronounce a sentence of imprisonment for life against the accused. Do you wish to make any recommendation with respect to the number of years that the accused must serve before the accused is eligible for release on parole? You are not required to make any recommendation but if you do, your recommendation will be considered by me when I am determining whether I should substitute for the ten year period, which the law would otherwise require the accused to serve before the accused is eligible to be considered for release on parole, a number of years that is more than ten but not more than twenty-five.