Mr. Chair, that's precisely what I'm not suggesting but indicating.
The bill, properly read, doesn't do what the witnesses have indicated it does. The judge is being put in precisely the position of looking at the facts of a particular case and determining whether or not the rights that are at issue are reasonably restricted. That is precisely one of the functions that is allowed a judge under the charter. Section one provides for that determination, and that's what the bill in fact provides for.
It is not correct, in our submission, that in fact the bill is in any way co-opting the court or anyone else into sanctioning a charter violation. It goes to a judge precisely for that reason, to make sure that the charter will not be violated. The charter violation occurs when a particular right is restricted in a way that is not reasonable, and that is the inquiry that a judge makes under the statute.