It hasn't. Whether or not this provision is constitutionally sound has not gone before the Supreme Court of Canada.
The issue that went before the Supreme Court of Canada, which was in the Hilewitz decision, had to do with whether or not people were having what could be considered individualized assessments, and it lead to this process that both Ms. Smith and Mr. Battista have talked about, the mitigation plans.
The court did not directly address the issue of the constitutionality.