Mr. Fortin, I think what we have here is a drafting error by legislative counsel. The point of this amendment is to eliminate the court's use of reasonable hypotheticals. As presently drafted, the amendment states: “In determining whether the specified term of imprisonment would amount to cruel and unusual punishment for the offender, the court shall not consider”. We're trying to deviate from the individual circumstances. We're trying to put it to the courts that they should not consider reasonable hypotheticals vis-à-vis the constitutionality of the legislation.
I might also add that I think everybody understands the intent of the main amendment, and I'm very happy with any proposed subamendment. If Liberal friends or the Bloc member would like to propose any clarifying language, I'm very much amenable to that.