I think you're right. If you choose to take it out and it's found to be constitutional, then the opposite holds true. If you haven't passed legislation, then obviously this type of provision wouldn't exist in the Criminal Code. At some point, were the government or a private member interested in seeking amendments to the Criminal Code to allow for that kind of reform, then that would be a decision they would have to take.
On May 8th, 2013. See this statement in context.