The CBA as a whole has not considered the presumption option. Again, when I spoke earlier, I had misunderstood the question. I thought it was an expansion beyond the original close-in-age exemption as set out in the bill, proposed, and as supported by the Canadian Bar Association.
If I just may repeat again, the charter challenge has earlier been made in the context, obviously, of the existing law. In several courts it has been found not to infringe on equality rights to remove the consent defence when a complainant was under 14 years.
Without entering into a constitutional debate or the merits of an individual case, which is obviously how it would happen, it is the position of the Canadian Bar Association that the proposal would, on the face of it, based on that and with the consensus of the body that is the CBA, survive a constitutional challenge—probably. Obviously, I can't say that for certain.
We are not here to promote the notion of a presumption, even though certainly it's something that's come forward this morning. It hasn't been put to the membership.