It is, first of all, a modified objective test, so it would have to be, as I said, what a reasonable person in the victim's circumstances would believe. In addition to that, there is another safeguard built right into the offence. If you look at proposed subsection 264.01(1), you will see that a person cannot be considered a coercive controller under this offence unless they have the requisite intent, the requisite mental element. In the situation that has just been described, that person simply does not meet the legal test in proposed subsection 264.01(1).
