I think the element of discretion may—may—save this provision. That's to be seen down the road--but yes, in a specific case.
Charter values obviously inform all decisions made in the criminal courts, and a charter value approach to looking at sentencing would certainly hold out some hope for an individual. So I could imagine that a judge looking at deciding whether to use the blunt tool of 25 or 50 years, viewing it through the charter lens, would certainly come to the conclusion that restraint and flexibility in a more nuanced approach would be appropriate and not apply it in the circumstances.