Certainly, and I would defer to professors Sheehy and Grant on this.
One problem with that is that you have the Supreme Court in Brown using risk of harm and risk of extreme intoxication disjunctively. We're using it conjunctively here, where you're essentially saying that the Crown has to prove both. That's one issue.
The other issue is, and you've heard the Minister of Justice say it, that this was a contextual analysis in terms of what the objective foreseeability is. What does that mean? Does that mean someone in the shoes of the person who has consumed the intoxicants? Does that mean, as Professor Grant said, that if you've never become extremely intoxicated before, you could not have foreseen it? If you have, objectively...but contextually objectively. That's the problem.