Fair enough. That's a good point.
We've heard concern on this committee about leniency when some sentences are hybridized and the Crown is allowed to make an election by summary offence. You did a good job of explaining how that process works. I appreciate that.
You mentioned this briefly in some other answers. Can you talk a bit about what you would see happening to two fact patterns that are the exact same, one proceeding by indictment and one proceeding by summary conviction, because the Crown makes the election?
When you consider the circumstances of the accused, the circumstances of the offence and the principles of sentencing as set out in the code, do you see there being a concern that the sentences would be different, especially given the fact that case law would still be applicable to any new sentencing decisions?