Thank you, Mr. Chair.
We've added this at the suggestion of the CBA. We did have some discussion about gender, and you can't just assume, because someone's one gender or another, that they're bigger or smaller or more or less capable. Size doesn't necessarily matter either. You could be a big character with disabilities or an inability to respond. The addition of physical capability seems to me to be aiming at what the section was trying to achieve by saying that it has to take into account the person's circumstances. If size, age, and gender are important, then the physical capabilities certainly would be too.
I'll leave it at that.