When we submitted our brief, we presented a table of some offences that are both eligible and ineligible. In each case the offences we selected were ones that we thought raised serious questions. Some of the offences that are eligible.... For instance, obtaining valuable security through fraud is eligible—it's a maximum of five—but theft of a credit card is not. It just seems to me that in the real world, those circumstances could easily be reversed in seriousness and be inherently unfair. There are many examples of that.
Our position is not that everyone should get a conditional sentence; ours is to recognize that a conditional sentence is a midway and intermediate sentence. Ours is simply that maximums are a very poor way to select the seriousness of the crime—