Traduction de «mitigation penalty » (Anglais → Français) :

(Return tabled) Question No. 611 Ms. Kirsty Duncan: With respect to the government’s plans for resource development, as described in the section entitled “Responsible Resource Development” in Chapter 3.2 of Budget 2012: (a) what are all examples of federal environmental laws that are stronger than provincial laws and how will the proposed legislative changes to the Canadian Environmental Assessment Act (CEAA) affect the assessment of environmental impacts of industrial projects that cross provincial borders; (b) what research, action, or investment has the government undertaken to study impacts of the proposed legislative changes to the CEAA on (i) regulatory decision-making, (ii) risk of project-specific and cumulative environmental impacts, ( ...[+++]iii) risk mitigation by developers, (iv) Canada’s reputation; (c) what briefing notes, memos, or any other documentation, including, for each, the details of its findings and recommendations, have been provided to the Prime Minister, Minister of Natural Resources, Minister of the Environment, their respective Parliamentary Secretaries, their respective Deputy Ministers, and their respective staff members, regarding impacts of the proposed legislative changes to the CEAA on (i) regulatory decision-making, (ii) risk of project-specific and cumulative environmental impacts, (iii) mitigation by developers, (iv) Canada’s reputation; (d) will the proposed legislative changes to the CEAA give any consideration to (i) measuring negative impacts of development, (ii) managing negative impacts of development; (e) by what date will the government bring forth new “legislation to streamline the review process for major economic projects” (Budget 2012, p. 89); (f) what are the projected costs of changes to the CEAA for each province and territory; (g) what assessments of the adequacy of the environmental assessment process in each province and territory have been conducted, (i) what were the dates of any such assessments, (ii) what wer ...

Before you create a fairly stiff—and I'll talk about the level of penalty—mandatory minimum sentence, you need to recall that the role of Parliament is to create a statutory framework to identify important statutory aggravating factors and mitigating factors if necessary, to prescribe mandatory sentences where appropriate, but not necessarily to introduce a minimum penalty every time an offence seems to take your attention.

Regarding mitigating circumstances, all the Member States' criminal systems allow the courts to reduce the statutory penalty for a specific offence on the basis of mitigating or exonerating circumstances provided for by the law.

But in systems where there are no minimum penalties, such as France, the mitigating circumstances mechanism is broadly useless.

Regarding mitigating circumstances, it must be ensured that a proportional reduction system does not violate declaration No 8 to the Amsterdam Treaty, which does not allow Member States to be required to introduce minimum penalties if they do not have them already.

The presence of aggravating and mitigating circumstances, considered below, to some extent also limits the court's freedom, as can the possibility, for example, of lowering the penalty or exempting from it.