Mr. Battista, you're one of a number of people who have come to this committee to say that we're putting in this section that says all you have to show is the crime was brutal, and that's very subjective and it might infringe on rights.
The problem I have with that statement is it's actually not very accurate. If you look at the section, it says quite clearly, “the court is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.” It's not just brutal. That's actually not factual in the statements that are being made.
Also, when making that decision, the court has to look at a variety of factors, not just the brutality. Those factors would include opinions of experts who have examined the accused, the accused's mental condition, and the pattern of repetitive behaviour. So it is not in fact brutal; there are many more factors that are considered.
Would you not agree with me?