Yes, and thanks for the question.
It is late. If my answers haven't been clear, I do apologize for that, Mr. Baber.
In my answer with respect to R v. Pham, I don't believe I discussed the charter at all. I think in my clarification to Mr. Baber I said as much.
Sentencing is an individualized process. Where sentencing runs into charter risk is where specific outcomes are mandated; it's where judicial discretion is curtailed.
As I understand this amendment, it would simply direct courts that they would not be able to take into consideration a certain thing when arriving at a fit sentence. They will still be required, though, to impose a fit sentence. For that reason, I don't think it runs into the same kinds of charter concerns as other types of sentencing provisions.