No, I understand the requirement, Minister, that is set forth in the Department of Justice Act, but the reason I raise the question of the standard that is used is that a previous witness from the Department of Justice said the standard is one that is—and I quote—“manifestly unconstitutional and could not be defended by credible arguments”. Others have said—and I quote—that it's one of “whether or not a credible Charter argument can be made”.
I'm asking your opinion because I don't think that you yourself have shared your views on what the appropriate standard would be in this regard.