The Criminal Code at the moment prohibits the aiding and abetting of suicide and prohibits consent of the victim as defence against murder. Those provisions will remain in place, so if we are going to have exemptions from those provisions, they will also have to be in the Criminal Code. That would be the criminal law power legislating the safeguards suggested by the Supreme Court and never departing from the criminal law. That's the difference.
In the assisted human reproduction case, I argued that case and I thought that the court was wrong in saying that it wasn't criminal law. In that case, they were not legislating an existing Criminal Code provision, but even in that case, some of the prohibitions were accepted, even if they had exceptions and exemptions.
I don't think that's a useful precedent. I think that the useful idea is that you are amending the Criminal Code.