You're correct that there are 17 years of case law, but I would argue that with the current definition, it really hasn't worked. If we're looking at a 7% or 8% conviction rate, something has to change.
I'm sure you'll be having Department of Justice lawyers here. I think they will discuss the case law. They may talk about recent case law in Ontario. I think the Sinclair case was in 2020. In Quebec there was case law. They mentioned, because of the case law, that perhaps now you don't have to prove fear. However, I would argue to committee and to Canadians that a lot of this depends on the judge you get. We're all aware of that case in Alberta in which a federal judge asked a victim, “Why couldn't you just keep your knees together?” I think all of us are offended by a comment like that, whereas if we actually replace the definition with something that is internationally recognized, there will be clarity in that regard and an opportunity that we can move up that 8% conviction rate.