I agree. That is the most common way in which they arise.
Let me ask you a question. We've had a lot of testimony, some from the deputy attorney general. There were questions about the nature of the Shawcross principle. Is it subjective? Is it objective? Let's assume that the facts are that the former attorney general felt subjectively pressured. Let's look at objective criteria that I'd like to ask you to consider. Let's say a decision was made by the director of public prosecutions of a final nature: “We are not going to proceed after September 4 with a remediation agreement, final decision.” Then there were subsequent meetings on September 17 with the Prime Minister; on December 5 with the former attorney general and his chief of staff; on December 18, two staffers in the Prime Minister's Office with the former attorney general's chief of staff. Then, on December 19, the Clerk of the Privy Council called to discuss this as well.
What criteria can we look at in applying the Shawcross principles? For example, would you agree that in addition to the subjective approach, like the feeling of pressure that, let's assume, occurred on the part of the former attorney genera, would these factors matter to you in determining whether the Shawcross line had been crossed? Who initiated the conversation? Did they raise it repeatedly? Was there a threat, direct or veiled? Did the former attorney general ever indicate that her decision was final? If we're trying to find principles here to know whether the line was crossed, we have the subjective, as I've described, and these are the kinds of criteria I was asking you, do you think would indicate, if they were made out on the facts, to have crossed that line.