To our knowledge, it has not been successfully invoked since section 33.1 was originally enacted in 1995. It's been raised on many occasions, but it hasn't been successfully invoked.
There were approximately 12 to 15 cases that considered the constitutionality of the provision leading up to Brown and Sullivan and Chan, and in those cases, I think six or seven of them struck down the provision and allowed the defence to be pursued. In all of those cases, however, the defence was rejected on the merits, so we didn't have, from the time the original provision was enacted in 1995, a case up until Brown and Sullivan and Chan in which the defence was successfully used.