In this case, we're talking about minimum terms of imprisonment. We're aware that the courts have a certain view of mandatory terms of imprisonment. I don't want to say we've had conflicting judgments, but we've had decisions that will give constitutional sanction to certain terms and certain provisions with MMPs provided, and others have been struck down as being disproportionate.
When we're looking at creating a range of MMPs for an offence, either a new offence or an existing offence, we want to make sure that it will not be considered cruel and unusual punishment as set out in section 12 of the charter. We try to set up a system whereby perhaps some factors are attached to the imposition of the MMP. In this case, for instance, there needs to be a minimum quantity of contraband product. There need to be a number of previous offences for which there were convictions. The offence has to be prosecuted by way of indictment. By attaching all of these factors, we try to structure a system that will appear to the courts to be a rational link between the prohibited activities—the aggravating factors—and the imposition of the MMP. We think that in that fashion the courts will be able to examine that and conclude that it's a reasonable and rational approach to this offence.