I'm using both terms, because both are recognized in the case law. In loco parentis means, in effect, lawful care or charge. In loco parentis, as you know, doesn't necessarily mean that there has been a court order saying that this person has custody. It means a situation where it is lawful for that person to be with that child, because that person has the care or charge, the day-to-day care, whatever it may happen to be.
There is a lot of case law out there on this. I guess what I'm struggling with, with respect to some of the examples you and your colleagues have been giving, is that, as I said, our amendment seeks to narrow the application or the scope of the mandatory minimum.
If you had a situation, as Mr. Cotler mentioned, of someone who abandoned a child 30 years ago but is still a biological parent, for instance, that's exactly the situation where the judge would have discretion.
I think it was the opposition members, and I don't know who exactly, who said earlier that many of the sentences we've seen actually exceed the mandatory minimum we're contemplating. The judge has the discretion to do that in those situations.
In terms of a mandatory minimum and when it is going to apply, should the case be proven against that person, we feel that it is consistent with our civil law. It is consistent with the normal course of human events and family connections that someone, at least on the face of it, who is a parent, or who has lawful care and charge, or who is a legal guardian would not be subject to the mandatory minimum.
I don't see the lack of clarity you're concerned about.