I appreciate the opportunity to be able to speak to this.
My concern with any sort of reverse onus at this point is the large risk that the Supreme Court would find that to be unconstitutional. What I do appreciate about how this particular bill was tailored and implemented is the nuance that it allows to be brought to consideration of the defence. All the relevant factors that are able to be properly taken into account I think ensure the constitutionality of the legislation.
As to whether this sets too high a bar, or a nearly impossible bar.... I only caught part of the last panel, but I believe you had representatives from the Manitoba Prosecution Service, who were speaking to the extent to which they thought it would be possible to prosecute under these new provisions that have been implemented by Bill C-28. I'd defer to their prosecutorial expertise on that particular issue.