I'll do my best.
We've spoken of section 7 and the right to silence, of the principles of justice with regard to life, liberty, and the security of person, and of whether the reverse onus would satisfy those charter considerations. But what about paragraph 11(i), the individual being entitled to the benefit of lesser punishment if the punishment is changed in between the commission of the offence and sentencing? I think one could argue that if you, 15 years ago, were induced to plead guilty on a plea bargain for a sentence of two years, and now the law is being changed to add ramifications to that plea bargain that you had accepted then, never considering that the two years you accepted would come back to haunt you further down the road, you might be open to a challenge under that section as well.
I come from Manitoba, and in our jurisdiction there is a wealth of programming available within the federal system and very little within the provincial jails. I have individuals looking at an 18-month sentence who oftentimes will say, “I'd rather do my two years in a penitentiary than 18 months in the provincial jail, because at least there are programs for me.” A decision like that can now come back to haunt them because of these amendments.
So I think there are considerations within that framework as well.