Yes, it's a good point. There are many ways in which, at the level of prosecution or even police, someone could bring forward a lesser charge, for example. Sometimes that's warranted. Sometimes it's, yes, to avoid, so to speak, the full effect of the law. Things like Crown Prosecution Manual amendments to make certain practices the default would be an interesting way of addressing that.
Realistically, just returning to the use of the notwithstanding clause, it's no surprise that we've seen its use increase across the country in recent years. It's because the courts have been departing in really serious ways from the clear intent of the legislatures in their creative rulings. I think it is entirely legitimate to be used in these settings. I do think that the bill makes some improvements here upon the status quo, but it could be strengthened further. We'll have to see how the courts use and interpret the law.
