It's an interesting analysis. I want to point out that Criminal Code amendments are done through government bills and would benefit from the vetting process to see if they're constitutional, whereas the private member's bills aren't. That's one of the problems.
We are charged with criterion number two. I do want to evaluate it on that level.
I do have a problem with this bill. In my opinion it does clearly violate the Constitution Acts. You gave the example of someone who is five foot five. I'm not sure what criteria one could use to discriminate on the basis of height, but I didn't see that in that charter anywhere. I'm not sure if that's a criterion, but freedom of association and freedom of peaceful assembly certainly are in the charter. To me that's even a greater violation than the one you suggested.