In my view, for example, in some of the section 15 jurisprudence that concerns when an infringement can be justified and what a less minimally infringing measure could be, the court has emphasized that the alternative need not be perfect—that looking for certainty when trying to establish an alternative that does not contravene section 15(1) is not the test.
To the extent that this would be responsive to your question, Senator, I would agree: That is not how an alternative that's less minimally impairing is evaluated. It is not a standard of perfection.