It was that an automatic “three strikes and you're in” would not be charter-proof. For instance, if you committed one robbery, two robberies, three robberies, that would be three strikes, and you'd be in as a dangerous offender. Our organization realized that might not withstand section 1 charter scrutiny.
The position we took in the Martin's Hope report, our fallback, was the one we felt could be included in the dangerous offender legislation to allow for more dangerous offenders ultimately to be declared.