Yes, absolutely. Discretion is a key component, as you and committee members know, of the criminal justice system from a constitutional perspective. We know that the exercise of Crown discretion can't save a decision or a finding of unconstitutionality from the Supreme Court's decision in Nur.
How a Crown chooses to proceed, whether it's by indictment or summary conviction.... While it's important in being able to respond to the circumstances as the Crown prosecutor sees them and as they're presented, it doesn't ultimately impact the outcome of a constitutional consideration of a mandatory penalty.