Yes, and as I mentioned, the criminal law is a heavy hammer. One might question whether it ought to be used at all.
The question of counselling suicide is really a subset of homicide law. In many cases, if not most, counselling suicide is just another category of murder, without the mandatory minimum sentence of life imprisonment.
Using the Criminal Code to criminalize the conduct of physicians who might run afoul of the exception, which is to be created and was seen in essence in Carter, might be seen as a fairly heavy-handed way of dealing with those physicians. The question you pose is a very good one. The answer might lie more in the use of crown discretion, because crown attorneys exercise discretion every day. In fact, even in laying a counselling suicide charge as opposed to a murder charge, there's an exercise of discretion that creates a massive difference.