I think there's nothing wrong with the challenge per se. I think there would be something unfortunate if the challenge were successful and it was found out that the framework and all the education of the enforcement officers was premised on something that didn't hold up against the constitutional challenge.
If you have something that looks like a prima facie breach of a guaranteed right, you have to justify it under section 1, which means that's where you would bring forward your evidence about the social benefits you would expect to see flow, and what other countries have done, and one thing or another.
You could try to make a section 1 case, but I think it's important to do it and to tend to the evidence and really address some of these charter issues before you pass the legislation.