—that the seriousness of the crime has to be examined on the specifics of what happened: not just the offence that occurred, but the responsibility of the defendant. The Supreme Court has been very clear on that. In a number of decisions it has said that anything other than that becomes arbitrary.
But I think it also denies common sense. If we want to have a sentencing system that has a potential to make sense to most people, then it has to be individualized, and that's our position; not that all of these should or shouldn't be included. I'm sure everybody in Canada has their list, but the list we're being presented with is one that was never developed with this in mind.