I'll draw your attention to the language in proposed section 718.4. It proposes the standard of cruel and unusual punishment, which is the language that appears in section 12 of the charter. It essentially incorporates the charter standard into the Criminal Code, and the jurisprudence is clear that a sentence that reaches that level would be grossly disproportionate. That's a very high standard that would outrage the public's sense of decency.
It incorporates a very high standard, and it would apply not to a reasonable hypothetical, but to the individual before the judge. It would very much be a tailored response to the offender who is being sentenced by the court. If, in that context, the MMP would result in cruel and unusual punishment, the judge may depart from the MMP, but they must still impose a term of imprisonment.