In the cases we have recently been appearing before the Supreme Court on--just a couple of weeks ago, a case about negligent investigation by the police, and earlier about the Youth Criminal Justice Act--we used section 15, but we urged the court to use that as a lens of equality for analysing a specific challenge to a particular piece of legislation. It's not a direct section 15 challenge; it's an aid to interpretation more than anything else.
I think the difficulty with launching a section 15 challenge head on is that you have to find an individual who you can show is being discriminated against, in addition to the fact that they've also committed a criminal offence. So that is one of the things that creates a challenge. It's why, for example, on a challenge to Bill C-10, to the provisions that I spoke about, we would bring in the issue of aboriginal representation in section 15, in the context of a cruel and unusual punishment application.
Given the way section 15 litigation is going these days, that's probably where we'd go.