Proportionality is an issue that, of course, comes into the section 1 justification question, the justifiability of the legislation. When looking to whether or not this is a proportional response, the courts will have regard to a number of factors. Certainly they're going to look to the tailoring that goes into the design of the legislation.
You have heard lots of testimony from my colleagues and others about what has gone into the legislation and the safeguards that are built into it. Just to repeat some of them, the person is presumed innocent at trial of the predicate offence; the court can refuse the crown application for an order for an assessment; the assessments are by a neutral party and can provide evidence sufficient in itself to overcome the presumption; there is a prior consent that is necessary from the Attorney General; there is a requirement of notice of the dangerous offender application; the offender is entitled to full disclosure of the crown's case and has full rights of participation, notwithstanding that there's no need to testify; there is a court discretion to refuse indeterminate detention.
And, of course, there is parole review, which was very central to the consideration of Mr. Justice La Forest in the Lyons case. The Lyons case should be revisited.