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 in respect of 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 in respect of 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 : Existing 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: Change to mandatory prohibition order 718.4 (1) If a court is required to make a prohibition order under a provision of this Act, it may decide to not make that order, add conditions or vary any of the conditions set out in that provision, including the period of the prohibition, if the court considers it just and reasonable to do so. Reasons (2) The court shall include in the record a statement of the reasons for making a decision under subsection (1). Minimum punishment or parole ineligibility 718.5 (1) A court shall, prior to 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 shall 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 : Existing 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 shall, 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 twenty-five–year period (or  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,  another period of time . Clause 4 : Existing 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.