You have to have an applicant. Someone has to be charged with an offence and you then have to isolate the section 15 issue. I agree that finding that applicant is not necessarily a challenge, but then you would have to place it within the context of the specific offence.
Launching a section 15 challenge on its own may be difficult. Certainly, we have contemplated and thought about the fact that not enough resources have been put into the criminal justice system to adequately deal with aboriginal overrepresentation. That is perhaps a ground for a section 15 challenge. It seems to us, given what the Supreme Court of Canada said in Gladue--the fact that things have not changed, the fact that things have got worse--this is an indictment of the way the system operates, and that is a possible avenue for litigation.