I think we would still expect that there would be significant charter scrutiny. This is a very serious penalty. It would expand beyond what is currently the harshest penalty under the Criminal Code. In light of those factors, we do still believe it would be scrutinized.
Whether it would pass a constitutional challenge would really be up to the courts. I think Ms. Wells and I have both mentioned the key distinguishing factor in this case being the level of discretion that judges have. I think that would be a key consideration in a charter challenge under section 12.