On Clause 1,Sue Barnes moved, — That Bill C-9, in Clause 1, be amended by replacing lines 6 to 23 on page 1 with the following:
“742.1 (1) If a person is convicted of an offence, other than an offence that is punishable by a minimum term of imprisonment, and the court imposes a sentence of imprisonment of less than two years and is satisfied that the service of the sentence in the community would not endanger the safety of the community and would be consistent with the fundamental purpose and principles of sentencing set out in sections 718 to 718.2, the court may, for the purpose of supervising the offender’s behaviour in the community, order that the offender serve the sentence in the community, subject to the offender’s compliance with the conditions imposed under section 742.3.
(2) Despite subsection (1), the court shall not order that an offender serve his or her sentence in the community if the offender has been convicted of any of the following offences, unless the court is satisfied that it is in the interests of justice to do so because of exceptional circumstances:
(a) a serious personal injury offence as defined in section 752;
(b) a terrorism offence;
(c) a criminal organization offence; and
(d) an offence in respect of which, on the basis of the nature and circumstances of the offence, the expression of society’s denunciation should take precedence over any other sentencing objectives.
(3) If the court orders the offender to serve his or her sentence in the community because of exceptional circumstances, the court shall include in the record a statement of those circumstances.“