One of the key pieces of legal advice that they rely on, I understand, is the advice provided to one of the industry groups previously--on Bill C-15 in 2005--by Alan Gold, the eminent defence counsel in Canada. Alan Gold acknowledges in his opinion that the courts across this country, and lawyers generally, accept the position that I articulated, that it is consistent with the charter to rely on reverse onus due diligence as the approach to imposing penal liability in the regulatory context.
So whether or not the individuals who were actually here would agree with that result, the lawyer who advised them certainly acknowledged that, and took, in my view, an academic approach to saying, well, despite the fact that this may be true, arguments can be marshalled that this approach is not constitutional.
I don't want to speculate too much, but they may have had incomplete information themselves, or as lay people, they may not have appreciated sometimes the nuances that we lawyers tend to inject into our legal opinions. But there's a difference between arguments that can be marshalled that this is unconstitutional and a conclusion or a statement of fact that this is unconstitutional.