I see your point, honourable member. I think that in each individual case, a trial judge, as is their wont, will focus the jury on the specific factors of that particular case. So if you're dealing with a case of two men fighting, you wouldn't need to get into gender or potential issues relating to a previous domestic relationship. A trial judge would most certainly focus the jury on the issues of that particular case. I think a jurist can better do it than a well-meaning.... The list is well-meaning; there's nothing wrong with the factors. Our only point is that they're all simply examples of necessity or proportionality.
On February 28th, 2012. See this statement in context.