Thank you. I'm not sure that it will take five minutes.
I just want to clear up a little point that has been bothering me about subclause 4(1) of Bill C-36, which will change the wording “reasonable prospect” of success to “substantial likelihood” of success in subsection 745.61(1) and in certain paragraphs of that. I think I'm understanding that this is being considered a procedural change rather than a substantive one and is therefore capable of being applied retroactively to sentences for which the faint hope clause will still apply.
My first look at it gave rise to the thought that it really is more a change of substantive rights than a procedural change. I just want to make sure that I'm correct that the change applies to those who have already been subject and sentenced subject to the benefit of the faint hope clause and that someone has looked at it and has decided that it passes constitutional muster because it's only a procedural change. Or am I on the wrong track altogether?