Well, listen, lawyers are always going to argue about words. Those principles are present in the sentencing sections. There are two distinct concepts in proposed paragraph 718.2(e). One is the principle of restraint generally. The other is the impact of the sentence on aboriginal offenders. It's just that by grafting on that phrase there, it's really unknown what impact that will have on aboriginal offenders. It's unpredictable at this point.
All we are saying is that this factor is there. It's enhanced by this bill. It's enhanced in other subsections. So even if the committee were to just edit out that phrase from that one subsection, I think you'd have an enhancement of the balancing. You could still have an emphasis of victims rights without potentially throwing a wrench into the works of the Gladue considerations.
I don't know that it's necessary. I don't see the benefit. And certainly the downside far outweighs the benefit.