The evidence we received from Professor Hogg was that yes, we would have a section 1 balancing test, but it was his evidence and his prediction that the courts would be sympathetic to the societal benefits we would be achieving. Even though there would be some impairment of rights, it would be justified.
That's the way the test works. That's what his prediction was. I take your point that it may not be what actually occurs. Isn't the benefit, however, significantly bigger than the burden, the benefit much better than the risk that you're talking about, to take a chance for the safety of Canadians?