It's not the only safeguard, first of all. There is the safety test in proposed paragraph (c), and there's a lot of jurisprudence that will help assist courts in interpreting proposed paragraph (c), because this test is taken from the human trafficking provisions in the definition of “exploitation”. We have excellent case law right from the Supreme Court of Canada on that.
On the other point about recklessness, what recklessness means is that the person has to subjectively know that there is a risk their conduct could have that effect and proceed anyway. In the case of somebody who has mental health problems, they would not, in my view, meet that test.
I'd also like to stress that this offence is modelled after Scotland's approach, which stakeholders have said is the gold standard model for coercive control offences. There have been studies, and those studies have not raised any concerns about victims or others being inappropriately charged with the offence. I would stress that Scotland's offence includes the standard of recklessness, and that is viewed as an important protective element for victims.