The witnesses referred to the Stellato case, and the Stellato case is referred to in the material that the government has put out on its backgrounder, etc. In that case, the Ontario Court of Appeal was deciding between two streams of authorities, one of which said that you needed a marked departure from normal behaviour before you could find impairment. The other one basically said, no, it doesn't have to be that marked. There just has to be evidence of some impairment.
The Ontario Court of Appeal decided that the appropriate balance was not to include a test that was not written into the legislation, and if I remember the words properly, that any impairment from slight to great was quite sufficient.
We felt that putting this in was a reminder to the courts of what the legislation is. If you read as many cases as I do, you will occasionally be astonished at what judges seem to require as proof of impairment. They seem to want intoxication.
So that was the reason.