First off, if you're asking whether you could get away with having mental health as an exclusion criterion, I think the answer is no. I think you are absolutely setting yourself up for a charter challenge, and I think you're setting yourself up for a successful charter challenge, because I think you're going to fail on sections 15 and 7.
With respect to how prescriptive to be, there are certain things you should be prescriptive about. I mentioned terms that I think you really need to define so that the provinces don't cut below where you want this to be, or cut below Carter, which they may well do, or leave gaps so that people don't know. One of the things we heard at the provincial-territorial board from a lot of doctors was that they wanted certainty. They said, “Don't have the Carter test of grievous and not tell us anything.” We asked them, “What about very serious and severe?” They said, “Yes, thank you, that's fine”, because then, for instance, you don't get into a list of conditions.
You want to prevent an erosion of what has been achieved through Carter and the respect of the charter rights that are embedded in Carter. You want to avoid that by being very clear about certain things, but don't get into clinical practice guidelines. You're not into that level of the weeds. That is for the regulators, actually, and I understand that you'll hear from some of them later.